Article 242. Issuance by the court of a duplicate writ of execution or a court order of the Civil Procedure Code of the Republic of Kazakhstan
1. In case of loss of the original writ of execution or court order (hereinafter referred to as the enforcement documents), the court that issued the decision or court order may issue duplicates of the enforcement documents at the request of the recoverer or the presentation of the bailiff, at the request of the judicial authority.
2. An application for the issuance of a duplicate enforcement document may be filed with the court before the expiration of the time limit set for the submission of the enforcement document for execution.
If a writ of execution was lost during execution and the recoverer became aware of it after the deadline for submitting it for execution expired, an application for the issuance of a duplicate writ of execution may be filed with the court within one month from the day when the recoverer became aware of the loss of the writ of execution.
3. The court shall consider and resolve an application for the issuance of a duplicate enforcement document within ten working days from the date of its receipt by the court.
An application for the issuance of a duplicate executive document is considered at a court hearing with notification of the persons participating in the case about the time and place of the meeting, however, their failure to appear is not an obstacle to resolving the issue of issuing a duplicate.
4. When considering an application for the issuance of a duplicate executive document, the court verifies and examines evidence of the loss of the executive document.
5. A private complaint may be filed against the court's ruling, or a motion may be filed by the prosecutor with the court of appeal, whose decision is final.
President
Republic of Kazakhstan
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