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ACT No. 505
Regular Session, 2012
HOUSE BILL NO. 948
BY REPRESENTATIVE SEABAUGH
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
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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
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§3733.1. Financial institution records; reproductions; recordkeeping; admissibility22
into evidence; definitions23
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C. Notwithstanding any other statute, rule of law, regulation, ordinance, or1
other provision to the contrary, except Subsection G of this Section, each2
reproduction of a record made pursuant to this Section shall be considered to be an3
original of such record for all purposes and shall be admissible into evidence to the4
same extent as the original record itself in any judicial, administrative, and other5
proceedings in all courts, tribunals, and other bodies and in any proceedings before6
all boards, bureaus, departments, commissions, and agencies of this state, whether7
the original record is in existence or not, and shall be received in evidence as prima8
facie proof of its contents with the same force and effect as though the original9
document were produced, and shall be deemed authentic evidence for all purposes,10
satisfying the requirements of Code of Evidence Articles 901 and 902. The11
introduction of a reproduction does not preclude introduction of the original record.12
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G.(1) A reproduction of a promissory note, negotiable instrument, letter of14
credit, certificated security, document of title, or a certificate of title pertaining to a15
motor vehicle shall not be deemed to be an original of such record for the following16
purposes:17
(a) Use of the record in executory proceedings as provided in Chapter I of18
Title II of Book V of the Louisiana Code of Civil Procedure, Article 2631 et seq.,19
except as otherwise provided by Article 2636.20
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Section 2. Code of Civil Procedure Article 2636(5)(b) is hereby amended and22
reenacted to read as follows:23
Art. 2636. Authentic evidence24
The following documentary evidence shall be deemed to be authentic for25
purposes of executory process:26
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(5)(a) A security agreement subject to Chapter 9 of the Louisiana28
Commercial Laws, which need not be executed or acknowledged before a notary; or29 ENROLLEDHB NO. 948
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(b) A reproduction of a security agreement described in Subsubparagraph (a)1
of this Subparagraph or a reproduction of a single writing that evidences both an2
obligation to pay and a security agreement described in Subsubparagraph (a) of this3
Subparagraph, that is certified by a representative of a financial institution in the4
manner provided for in R.S. 13:3733.1(E).5
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: