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ACT No. 463
Regular Session, 2010
HOUSE BILL NO. 266
BY REPRESENTATIVE FOIL
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
A. Effective August 15, 2010, the Louisiana State University Law Library21
shall cease to serve as the depository for duplicate copies of transcripts and briefs of22
cases finally disposed of by the Supreme Court of Louisiana. Thereafter, the clerk23 ENROLLEDHB NO. 266
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of the Supreme Court of Louisiana shall not transmit duplicate copies of transcripts1
and briefs.2
B. The Louisiana State University Law Library shall continue to store and3
maintain records transmitted by the clerk of the Supreme Court between the dates of4
January 1, 1980, through August 15, 2010, pending further orders of the Supreme5
Court of Louisiana.6
C. All duplicate records received by the Louisiana State University Law7
Library prior to January 1, 1980, may be destroyed.8
* * *9
§4686. Preservation of documents and records of the courts of appeal; destruction10
of certain records 11
A. The Louisiana State University Law Library is hereby designated as a12
depository to receive, catalog, index, file and preserve such documents, records, and13
books as may be transmitted by the clerks of the several courts of appeal in14
accordance with the direction and orders of the respective courts. Effective August15
15, 2010, the Louisiana State University Law Library shall cease to serve as the16
depository for duplicate copies of transcripts and briefs of cases finally disposed of17
by the Courts of Appeal of the State of Louisiana. Thereafter, the clerks of the18
Courts of Appeal shall not transmit such duplicate copies of transcripts and briefs.19
B. Any materials transmitted to the Louisiana State University Law Library20
by a court of appeal, except the record in a criminal appeal, may be removed and21
destroyed by the library after the lapse of five years from the date of deposit. The22
library shall issue the depositor court of appeal written notice of the intent to remove23
and destroy the material on an appointed date, thirty or more days before the24
appointed date of removal and destruction. If the depositor court of appeal does not25
direct otherwise, the library may remove and destroy the material at any time on or26
after the appointed date of removal and destruction. The library shall maintain a27
public record of the materials that are removed and destroyed, which record shall28
show the respective depositor court of appeal, case name, docket number, year of29
deposit, and date of destruction. Any duplicate records transmitted to the Louisiana30 ENROLLEDHB NO. 266
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State University Law Library by a Court of Appeal prior to August 15, 2010, may1
be removed and destroyed by the library after the lapse of five years from the date2
of deposit. The duplicate records transmitted by a Court of Appeal shall be retained3
for the five-year period except as otherwise ordered by the Supreme Court of4
Louisiana.5
C. Notwithstanding any other provision of law to the contrary, except as6
authorized by order of the Supreme Court of Louisiana, the Louisiana State7
University Law Library shall not dispose of any records of any criminal cases that8
have been previously transferred to the Louisiana State University Law Library by9
the Fourth Circuit Court of Appeal or the Fifth Circuit Court of Appeal.10
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: