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 358 Engrossed 2021 Regular Session Edmonds
Abstract: Creates the Online Judge Pilot Program in the 24
th
JDC.
Proposed law authorizes the 24
th
JDC to establish the Online Judge Pilot Program as an effort to
improve access to justice and create a more efficient and effective justice system.
Proposed law authorizes each division of the 24
th
JDC to establish a process to handle any
preliminary matter exclusively online.
Proposed law provides that the court may order the parties to any civil case to participate in the
program unless the parties have opted out or have been exempted by the court due to an undue
hardship.
Proposed law provides that any party who wishes to opt out of the program shall file a written
motion to opt out within 10 days after service of the order.
Proposed law provides that an undue hardship exists when a party cannot access the online system
or participate in the program without substantial difficulty or expense as determined by the court.
Proposed law provides for the waiver of oral arguments and referral of all motions and exceptions
to the Online Judge Pilot Program, unless the court determines that oral arguments or witness
testimony are necessary.
Proposed law provides for procedures regarding how written arguments, motions, and objections are
to be handled through the Online Judge Pilot Program. Provides for admissibility and presentation
of evidence.
Proposed law provides that all messages related to a hearing held through the Online Judge Pilot
Program shall be considered part of the court record and may be used for any purpose after
certification by the court reporter. Proposed law provides that any issue discussed during the pretrial
conference through the Online Judge Pilot Program may not be used as evidence in any judicial or
administrative proceeding.
Proposed law provides that every pleading following the original petition, including a pleading or
order that sets a court date, shall be served by transmitting an electronic copy to all parties through
the Online Judge Pilot Program. (Adds R.S. 13:621.24.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Delete language referencing the COVID-19 pandemic.
2. Revise proposed law provisions to opting out of the program and qualifications for an
undue hardship.