The court may grant a new trial of any action or proceeding when all of the following conditions exist:
(a) Any proposed bill of exceptions or statement of the case on motion for a new trial is lost or destroyed by reason of conflagration or other public calamity.
(b) No other record of the proceedings upon the trial thereof can be obtained.
(c) Such action or proceeding is subject to review by motion for new trial pending at the time of such loss or destruction.
(d) The court in which such action or proceeding is pending deems it impossible or impracticable to restore such proceedings and to settle a bill of exceptions or statement of the case containing such proceedings, so as to enable the court to review the judgment or order therein by motion for new trial.
(e) At the time of such loss or destruction a motion for new trial was pending.
In order to grant such new trial, it shall be unnecessary to have any bill of exceptions or statement of the case settled, but upon the facts recited in this section being shown to the satisfaction of the court by affidavit or otherwise, the court may grant such new trial.
(Added by Stats. 1953, Ch. 52.)
Last modified: October 8, 2018