HLS 12RS-885 REENGROSSED
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 948
BY REPRESENTATIVE SEABAUGH
EVIDENCE: Provides relative to the admissibility of certain evidence
AN ACT1
To amend and reenact R.S. 13:3733(D)(introductory paragraph) and 3733.1(C) and2
(G)(1)(a) and Code of Civil Procedure Article 2636(5)(b), relative to the3
admissibility of certain business records and security agreements; to provide for4
admissibililty; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 13:3733(D)(introductory paragraph) and 3733.1(C) and (G)(1)(a) are7
hereby amended and reenacted to read as follows: 8
§3733. Business records; reproduction by electronic imaging, photographic,9
photostatic, or miniature photographic process; certification10
* * *11
D. Whenever any such electronically imaged, photographic, photostatic, or12
miniature photographic copy or reproduction shall be certified with a certificate13
reading substantially as follows, it shall be deemed an original or authentic copy of14
the original record or document for purposes of its admissibility under Louisiana15
law, and specifically as authentic evidence for purposes of Code of Civil Procedure16
Article 2636, and shall be received in evidence as prima facie proof of its contents17
with the same force and effect as though the original document were produced, and18
shall be deemed authentic evidence for all purposes, satisfying the requirements of19
Code of Evidence Articles 901 and 902:20
* * *21 HLS 12RS-885 REENGROSSED
HB NO. 948
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§3733.1. Financial institution records; reproductions; recordkeeping; admissibility1
into evidence; definitions2
* * *3
C. Notwithstanding any other statute, rule of law, regulation, ordinance, or4
other provision to the contrary, except Subsection G of this Section, each5
reproduction of a record made pursuant to this Section shall be considered to be an6
original of such record for all purposes and shall be admissible into evidence to the7
same extent as the original record itself in any judicial, administrative, and other8
proceedings in all courts, tribunals, and other bodies and in any proceedings before9
all boards, bureaus, departments, commissions, and agencies of this state, whether10
the original record is in existence or not, and shall be received in evidence as prima11
facie proof of its contents with the same force and effect as though the original12
document were produced, and shall be deemed authentic evidence for all purposes,13
satisfying the requirements of Code of Evidence Articles 901 and 902. The14
introduction of a reproduction does not preclude introduction of the original record.15
* * *16
G.(1) A reproduction of a promissory note, negotiable instrument, letter of17
credit, certificated security, document of title, or a certificate of title pertaining to a18
motor vehicle shall not be deemed to be an original of such record for the following19
purposes:20
(a) Use of the record in executory proceedings as provided in Chapter I of21
Title II of Book V of the Louisiana Code of Civil Procedure, Article 2631 et seq.,22
except as otherwise provided by Article 2636.23
* * *24
Section 2. Code of Civil Procedure Article 2636(5)(b) is hereby amended and25
reenacted to read as follows:26 HLS 12RS-885 REENGROSSED
HB NO. 948
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 2636. Authentic evidence1
The following documentary evidence shall be deemed to be authentic for2
purposes of executory process:3
* * *4
(5)(a) A security agreement subject to Chapter 9 of the Louisiana5
Commercial Laws, which need not be executed or acknowledged before a notary; or6
(b) A reproduction of a security agreement described in Subsubparagraph (a)7
of this Subparagraph or a reproduction of a single writing that evidences both an8
obligation to pay and a security agreement described in Subparagraph (a) of this9
Paragraph, that is certified by a representative of a financial institution in the manner10
provided for in R.S. 13:3733.1(E).11
* * *12
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)]
Seabaugh HB No. 948
Abstract: Provides that properly certified reproductions of business records and financial
institution records shall be received in evidence as though they were original
documents.
Present law provides that whenever certain reproduced business and financial institution
records are certified or made in the regular course of business, those records shall be deemed
an original or authentic copy of the original record or document for purposes of its
admissibility.
Proposed law retains present law and specifies that the reproduced records shall be received
in evidence with the same force and effect as though the original document were produced.
Present law provides that certain security agreements and reproductions of those security
agreements need not be executed before a notary, but shall be deemed authentic for purposes
of executory process.
Proposed law includes as authentic evidence a reproduction of a single writing that
evidences both an obligation to pay and a security interest.
(Amends R.S. 13:3733(D)(intro. para.) and 3733.1(C) and (G)(1)(a) and C.C.P. Art.
2636(5)(b)) HLS 12RS-885 REENGROSSED
HB NO. 948
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provisions establishing reproductions of certain security agreements as
authentic evidence in executory proceedings.