The bill amends various articles of the Louisiana Code of Civil Procedure and Code of Criminal Procedure to improve electronic filing and record retention processes in civil and criminal cases. 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 originals until a final judgment is reached. The bill also sets forth guidelines for the retention of testaments, mandating that clerks keep originals of probated testaments indefinitely. Additionally, it introduces new articles that clarify the validity of electronic records and the procedures for filing via facsimile in criminal cases, ensuring that electronic signatures hold the same legal weight as traditional signatures.

Moreover, the bill revises the management and preservation of court records by clerks, requiring them to verify the completeness and legibility of record copies before returning or disposing of originals. It specifies that clerks are not obligated to maintain original records filed on or before December 31, 2004, except for those in the conveyance records. The bill permits clerks to destroy or return records after receiving certification from the state archivist, provided they have preserved the records and verified the copies. It also mandates that clerks maintain either the original or a complete and legible copy of each instrument filed in the conveyance records indefinitely, while protecting clerks from liability for actions taken in accordance with the new provisions.

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)