Martiny (SB 606) Act No. 606
Prior law, relative to the Code of Civil Procedure, provided 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.
Prior law provided that the filings provided in prior law may be transmitted electronically in
accordance with a system established by a clerk of court.
Prior law provided 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.
Prior law provided 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.
New law retains prior 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 prior law.
New 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.
Prior law provided that except as otherwise provided by law, every final judgment shall be
signed by the judge.
New law provides that judgments may be signed by the judge by use of electronic signature.
New 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.
Prior law in the Louisiana Uniform Electronic Transactions Act provided that prior 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 prior law.
New law deletes prior 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))