HLS 17RS-850 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 227
BY REPRESENTATIVE SHADOIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/COURT REPORTERS: Provides relative to sealing and delivering depositions
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 1446(A)(1), relative to depositions;
3 to provide procedures for the sealing of certain depositions; to provide for delivery
4 of electronically sealed depositions; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Civil Procedure Article 1446(A)(1) is hereby amended and
7reenacted to read as follows:
8 Art. 1446. Certification by officer; custody of deposition; exhibits; copies; notice
9 of availability for inspection or copying; cost of originals and copies of
10 transcripts
11 A.(1)(a) The officer as defined in Article 1434(B) shall certify on the
12 deposition that the witness was duly sworn and that the deposition is a true record
13 of the testimony given by the witness.
14 (b) The officer shall do either of the following:
15 (i) Securely He shall then securely seal the deposition in an envelope
16 endorsed with the title of the action and marked "Deposition of (here insert name of
17 witness)" and shall promptly and simultaneously send it by United States mail or by
18 courier to the party at whose request the deposition was taken, who shall become the
19 custodian of the deposition , and to all other parties to the action who have ordered
20 a copy of the deposition transcript.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-850 REENGROSSED
HB NO. 227
1 (ii) At the request of the parties, seal the deposition electronically by secure
2 electronic means approved by rules promulgated by the Board of Examiners of
3 Certified Shorthand Reporters and shall promptly and simultaneously deliver the
4 deposition electronically to the party at whose request the deposition was taken and
5 to all other parties to the action who have ordered a copy of the deposition transcript.
6 The party at whose request the deposition was taken shall then become the custodian
7 of the deposition.
8 (c) The original of the deposition shall not be filed in the record, but shall be
9 made available to all other parties in the matter for inspection or copying. The
10 failure or lack of filing such original in the record shall not affect the use or
11 admissibility of the original at trial or by the court if otherwise authorized or
12 provided by law.
13 * * *
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 227 Reengrossed 2017 Regular Session Shadoin
Abstract: Adds an alternate procedure for sealing the deposition electronically by secure
electronic means and simultaneously delivering the deposition electronically to all
parties to the action who ordered a copy.
Present law provides the procedures for taking, certifying, and sealing the deposition of a
witness in civil matters.
Present law requires the court reporter to securely seal the deposition in an envelope
endorsed with the title of the action and promptly send it by U.S. mail or by courier to the
party at whose request the deposition was taken, who shall become the custodian of the
deposition.
Proposed law retains present law but specifies that the deposition shall be simultaneously
sent to the party requesting that the deposition be taken and to all other parties to the action
who order a copy of the deposition.
Proposed law adds an alternate procedure for sealing the deposition electronically by secure
electronic means and simultaneously delivering the deposition electronically to all parties
to the action who have ordered a copy of the deposition, with the party at whose request the
deposition was taken becoming the custodian of the deposition.
(Amends C.C.P. Art. 1446(A)(1))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-850 REENGROSSED
HB NO. 227
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Reorganize the order of the provisions so that the procedures for sealing paper
and electronic depositions appear together in the same Subparagraph.
2. Specify that copies of the electronic deposition are promptly and simultaneously
delivered to all parties attending the deposition.
The House Floor Amendments to the engrossed bill:
1. Add technical amendments.
2. Specify the parties who may order a copy of the deposition transcript.
3. Specify that the deposition shall be sent simultaneously to the parties.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.