The Louisiana State Legislature is considering legislation that would provide for electronic filing and record retention. The bill, SB 75, was introduced by Sen. John Morris III, R-West Monroe.
The bill would state, “The clerk of court may convert into an electronic record any pleading, document or exhibit that is filed in paper form. If requested by the filing party, the clerk of court shall return to the filing party the original of any document or exhibit that has been converted into an electronic record.
It would further state, “The official record shall be the electronic record. The original of any filed document or exhibit shall be maintained by the filing party during the pendency of the proceeding and until the judgment becomes final and definitive, unless otherwise provided by law or order of the court. Upon request and reasonable notice, the original document shall be produced to the court. Upon reasonable notice, the original document shall be made available to the opposing party for inspection.”
Additionally, it would state, “Provided that any applicable fees for filing and transmission are paid, the clerk of court shall not refuse to accept for filing any pleading or other document that is signed by electronic signature and executed in connection with court proceedings, or that complies with the procedures for electronic filing implemented pursuant to this article, solely on the ground that the pleading or document was signed by electronic signature.”
The clerk of court would have to retain in perpetuity the original of a testament that is probated or ordered to be filed and executed.
An electronic record filed in accordance with R.S. 44:119 would have effect as to third persons in the same manner as if an original written instrument had been filed.
The bill states, “If a testament is recorded in the conveyance records, the clerk of court shall index the testament only in the name of the testator. The recordation of the testament shall not itself have any effect on the rights of the heirs, legatees, and creditors of the succession and shall not make the provisions of the testament effective against third persons.”
Clerks of court would have to preserve in perpetuity the original of each instrument filed in the conveyance records. This provision would prevail over any other law to the contrary.
It would consider conveyance records to include all records, “however denominated, that are required by law to be indexed in the index of conveyances maintained by the clerk of court.”