The bill amends several articles of the Louisiana Code of Civil Procedure and Code of Criminal Procedure to enhance electronic filing and record retention practices. It allows for pleadings, documents, and exhibits to be filed electronically, designating the electronic version as the official record. Clerks of court are empowered to convert paper documents into electronic formats while retaining the original documents until a final judgment is reached. The bill also establishes guidelines for the filing and retention of testaments, ensuring that originals are preserved indefinitely once probated or ordered to be filed. Notably, it introduces new articles that detail the effectiveness of electronic records and procedures for facsimile filings in criminal cases, while requiring all electronic filings to include an electronic signature.

Additionally, the bill outlines the responsibilities of clerks of court regarding the management and preservation of court records. It specifies that clerks must verify the completeness and legibility of record copies before returning or disposing of original records. Importantly, clerks are not required to maintain original records filed on or before December 31, 2004, except for those in the conveyance records. The legislation mandates the preservation of original or complete and legible copies of instruments filed in the conveyance records in perpetuity and clarifies the conditions under which clerks may destroy or return records, including the need for certification from the state archivist. Furthermore, it states that no legal action shall arise against clerks for the destruction or disposition of records prior to the bill's effective date, provided such actions complied with existing laws at that time.

Statutes affected:
SB75 Original: 44:116(D), 44:116(E)(1), 44:116(E)(2)
SB75 Engrossed: 44:116(D), 44:116(E)(1), 44:116(E)(2)
SB75 Enrolled: 44:116(D), 44:116(E)(1), 44:116(E)(2)
SB75 Act 501: 44:116(D), 44:116(E)(1), 44:116(E)(2)