What is the “lost document rule”?
The “lost document rule” is a legal principle that applies to certain documents in the state of Washington. As the name implies, it sets out the conditions that must be met in order for a document to be legally considered “lost,” and what happens when a document is deemed to be lost. Under the “lost document rule,” a document is legally considered lost if it is not in its rightful owner’s possession and can’t be found after a “reasonable search.” This often includes a search of the party’s home, office, and other places where the document might be expected to be found. If the document cannot be located after a reasonable search, it is deemed to be lost and the rightful owner will have to prove that they are the owner of the document. When a document is found to be lost, the court may be allowing the rightful owner to reinstate the document without having to start from scratch. This means that any transactions or rights that are connected to the document are still valid, even if the document itself is lost. It is important to note, however, that the court may choose to invalidate any transactions or rights associated with the lost document if it is determined that the document was not properly executed or was otherwise fraudulent. In short, the “lost document rule” in Washington provides a procedure for when a document is determined to be lost and sets out how the rightful owner can reinstate the document. This rule helps to ensure that transactions and rights attached to documents can remain valid, even if the document itself is lost.
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