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)]
HB 331 Engrossed 2016 Regular Session Gregory Miller
Abstract: Provides the requirements for fax filing in civil and criminal courts.
Present law provides that any paper or document in a civil action may be filed with the court by
facsimile transmission, and requires all clerks of court to make available for their use equipment to
accommodate facsimile filing in civil actions.
Present law provides that filing shall be deemed complete at the time the facsimile transmission is
received and a receipt of transmission has been transmitted to the sender by the clerk of court.
Proposed law retains present law but removes the requirement the filing is complete after the clerk
of court transmits a receipt.
Proposed law provides that no later than on the first business day after receiving a facsimile filing,
the clerk of court shall transmit to the filing party via facsimile a confirmation of receipt and include
the fees for the facsimile filing and filing the original document. The facsimile filing fee and
transmission fee are incurred upon receipt of the facsimile filing by the clerk of court.
Proposed law provides that the facsimile filing shall have the same force and effect as filing the
original document, if the filing party subsequently files the identical original documents within seven
days and pays the required fees.
(Amends R.S. 13:850(A), (B), and (C) and 2562.25(A), (B), and (C) and C.Cr.P. Art. 14.1(A), (B),
and (C))