HLS 12RS-2272 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1150
BY REPRESENTATIVE HUNTER
CIVIL/PLEADINGS: Provides with respect to facsimile filings
AN ACT1
To amend and reenact R.S. 13:850(B)(introductory paragraph) and to enact R.S. 13:850(E),2
relative to facsimile filings in civil actions; to provide for exceptions to filing an3
original document in certain circumstances; to provide for procedures; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:850(B)(introductory paragraph) is hereby amended and reenacted7
and R.S. 13:850(E) is hereby enacted to read as follows: 8
ยง850. Facsimile transmission; filings in civil actions; fees; equipment and supplies9
* * *10
B. Within five seven days, exclusive of legal holidays, after the clerk of11
court has received the transmission, the party filing the document shall forward the12
following to the clerk:13
* * *14
E. A party or his counsel of record who files subsequent pleadings with the15
court by facsimile transmission and who appears in court or who has sufficient funds16
deposited in the suit account with the clerk of court to pay the filing fees shall be17
required to file the original signed pleading on the earlier of any court appearance18
in the suit or the end of the time period provided by Subsection B of this Section.19 HLS 12RS-2272 REENGROSSED
HB NO. 1150
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Hunter HB No. 1150
Abstract: Provides that a party or his counsel of record who files any paper with the court
by facsimile transmission shall be required to file the original signed document
within seven days after the clerk has received the fax, and further provides that on
subsequent pleadings, a party shall file the original within seven days of the clerk
receiving the fax or the next court appearance in the suit, whichever is earlier.
Present law provides that any paper in a civil action may be filed with the court by facsimile
transmission, and that such filing shall be deemed complete at the time that the facsimile
transmission is received and a receipt of transmission has been transmitted to the sender by
the clerk of court.
Present law requires the party filing the document to forward, within five days, the following
to the clerk: (1) the original signed document; (2) the applicable filing fee, if any; and (3)
a transmission fee of $5.
Proposed law changes the time period within which a party shall file an original with the
court from five days to seven days.
Present law provides that if the party fails to comply with the requirements of present law,
the facsimile filing shall have no force or effect.
Proposed law provides that a party or his counsel of record who files any subsequent
pleading with the court by facsimile transmission shall be required to file the original signed
document with the clerk within seven days or at his next court appearance in the suit,
whichever is earlier.
(Amends R.S. 13:850(B)(intro. para.); Adds R.S. 13:850(E))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Changed the time period within which a party shall submit an original of a
facsimile filed pleading from within five days to seven days of receipt by the
clerk.
2. Required a party who files a subsequent pleading by facsimile to file the original
with the clerk within seven days or at his next court appearance in the suit,
whichever is earlier.