The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Martiny (SB 606)
Present law provides that all pleadings or documents to be filed in an action or proceeding
instituted or pending in a court, and all exhibits introduced in evidence, shall be delivered to the
clerk of the court for such purpose. The clerk shall endorse thereon the fact and date of filing, and
shall retain possession thereof for inclusion in the record, or in the files of his office, as required
by law. The endorsement of the fact and date of filing shall be made upon receipt of the
pleadings or documents by the clerk and shall be made without regard to whether there are orders
in connection therewith to be signed by the court.
Present law provides that the filings provided in present law may be transmitted electronically in
accordance with a system established by a clerk of court.
Present law provides that when a clerk of court establishes such a system, he shall adopt and
implement procedures for the electronic filing and storage of any pleading, document, or exhibit.
The official record shall be the electronic record.
Present law provides that a pleading or document filed electronically is deemed filed on the date
and time stated on the confirmation of electronic filing sent from the clerk of court. Public access
to electronically filed pleadings and documents shall be in accordance with the rules governing
access to written filings.
Proposed law retains present law and adds that a judge or justice presiding over a court in this
state may sign court orders, notices, official court documents, and other writings, required to be
executed in connection with court proceedings, by use of an electronic signature as defined by
present law.
Proposed law also provides that the various courts shall provide by court rule for the method of
electronic signature to be used and to ensure the authenticity of the electronic signature.
Present law provides that except as otherwise provided by law, every final judgment shall be
signed by the judge.
Proposed law provides that judgments may be signed by the judge by use of electronic signature.
Proposed law provides that the various courts shall provide by court rule for the method of
electronic signature to be used and to ensure the authenticity of the electronic signature.
Present law in the Louisiana Uniform Electronic Transactions Act provides that present law shall
not apply to certain matters, including court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court
proceedings, except as otherwise provided by present law.
Proposed law deletes present law prohibiting electronic signatures relating to court orders or
notices, or official court documents, including briefs, pleadings, and other writings, required to
be executed in connection with court proceedings.
Effective August 1, 2014.
(Amends C.C.P. Arts. 253(C) and 1911 and R.S. 9:2603(B)(4); adds C.C.P. Arts. 253(D))