HLS 10RS-1036 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 266
BY REPRESENTATIVE FOIL
COURTS: Provides relative to the retention of certain court records
AN ACT1
To amend and reenact R.S. 13:4682 and 4686, relative to the Louisiana State University2
Law Library; to discontinue the requirement that the library keep duplicate copies3
of transcripts and briefs from the Supreme Court of Louisiana and the Courts of4
Appeal of the state of Louisiana; to require duplicate copies of records previously5
received by the library from the Courts of Appeal to be retained for a specified6
number of years; to authorize the destruction of certain records; and to provide for7
related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 13:4682 and 4686 are hereby amended and reenacted to read as10
follows: 11
§4682. Preservation of duplicate file of transcripts of cases finally disposed of by12
Supreme Court; designation of Louisiana State University Law Library as13
depository; destruction of certain records14
For the purpose of preserving a duplicate file of one of the triplicate copies15
of each transcript of appeal of cases finally disposed of by the Supreme Court, and16
for the further purpose of providing a duplicate file of each of the briefs lodged in17
the Supreme Court, the Louisiana State University Law Library is hereby designated18
as a depository to receive these documents from the clerk of the Supreme Court of19
Louisiana and to catalogue, index, file and preserve the documents.20 HLS 10RS-1036 ORIGINAL
HB NO. 266
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A. Effective August 15, 2010, the Louisiana State University Law Library1
shall cease to serve as the depository for duplicate copies of transcripts and briefs of2
cases finally disposed of by the Supreme Court of Louisiana. Thereafter, the clerk3
of the Supreme Court of Louisiana shall not transmit duplicate copies of transcripts4
and briefs.5
B. The Louisiana State University Law Library shall continue to store and6
maintain records transmitted by the clerk of the Supreme Court between the dates of7
January 1, 1980, through August 15, 2010, pending further orders of the Supreme8
Court of Louisiana.9
C. All records received by the Louisiana State University Law Library prior10
to January 1, 1980, may be destroyed.11
* * *12
§4686. Preservation of documents and records of the courts of appeal; destruction13
of certain records 14
A. The Louisiana State University Law Library is hereby designated as a15
depository to receive, catalog, index, file and preserve such documents, records, and16
books as may be transmitted by the clerks of the several courts of appeal in17
accordance with the direction and orders of the respective courts. Effective August18
15, 2010, the Louisiana State University Law Library shall cease to serve as the19
depository for duplicate copies of transcripts and briefs of cases finally disposed of20
by the Courts of Appeal of the State of Louisiana. Thereafter, the clerks of the21
Courts of Appeal shall not transmit such duplicate copies of transcripts and briefs.22
B. Any materials transmitted to the Louisiana State University Law Library23
by a court of appeal, except the record in a criminal appeal, may be removed and24
destroyed by the library after the lapse of five years from the date of deposit. The25
library shall issue the depositor court of appeal written notice of the intent to remove26
and destroy the material on an appointed date, thirty or more days before the27
appointed date of removal and destruction. If the depositor court of appeal does not28
direct otherwise, the library may remove and destroy the material at any time on or29 HLS 10RS-1036 ORIGINAL
HB NO. 266
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after the appointed date of removal and destruction. The library shall maintain a1
public record of the materials that are removed and destroyed, which record shall2
show the respective depositor court of appeal, case name, docket number, year of3
deposit, and date of destruction. Any duplicate records transmitted to the Louisiana4
State University Law Library by a Court of Appeal prior to August 15, 2010, may5
be removed and destroyed by the library after the lapse of five years from the date6
of deposit. The duplicate records transmitted by a Court of Appeal shall be retained7
for the five-year period except as otherwise ordered by the Supreme Court of8
Louisiana.9
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Foil HB No. 266
Abstract: Provides that effective Aug. 15, 2010, the LSU Law Library shall cease to serve
as the depository for duplicate copies of materials of the Supreme Court and Courts
of Appeal.
Present law designates the LSU Law Library as a depository to receive a copy of each
transcript of appeal of cases finally disposed of by the supreme court and each brief logged
in the supreme court and to catalogue, index, file, and preserve the documents.
Proposed law requires, effective Aug. 15, 2010, that the LSU Law Library shall cease to
serve as the depository for duplicate copies of transcripts and briefs of cases finally disposed
of by the supreme court and prohibits the clerk of the supreme court from transmitting
duplicate copies of transcripts and briefs to the library.
Proposed law requires the LSU Law Library to continue to store and maintain records
transmitted by the clerk of the supreme court between the dates of Jan. 1, 1980, through Aug.
15, 2010, pending further orders of the Supreme Court of Louisiana.
Proposed law authorizes the LSU Law Library to destroy all records received prior to Jan.
1, 1980.
Present law designates the LSU Law Library as a depository to receive, catalog, index, file,
and preserve documents, records, and books as may be transmitted by the clerks of the
Courts of Appeal in accordance with the direction and orders of the respective courts.
Proposed law requires, effective Aug. 15, 2010, that the LSU Law Library shall cease to
serve as the depository for duplicate copies of transcripts and briefs of cases finally disposed
of by the Courts of Appeal of the State of La. and prohibits the clerks of the Courts of
Appeal from transmitting duplicate copies of transcripts and briefs to the library.
Present law authorizes the LSU Law Library, after giving specified notice to the Court of
Appeal which does not object, to remove and destroy materials transmitted to them by a HLS 10RS-1036 ORIGINAL
HB NO. 266
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are additions.
Court of Appeal, except the record in a criminal appeal, after the lapse of five years from the
date of deposit.
Present law requires the library to maintain a public record of the materials that are removed
and destroyed, which record shall show the respective depositor court of appeal, case name,
docket number, year of deposit, and date of destruction.
Proposed law deletes present law and authorizes the LSU Law Library to remove and
destroy any duplicate records transmitted to it by a Court of Appeal prior to Aug. 15, 2010,
after the lapse of five years from the date of deposit.
Proposed law requires the library to retain the duplicate records transmitted by a Court of
Appeal for the five-year period unless ordered by the supreme court.
(Amends R.S. 13:4682 and 4686)