HLS 22RS-258 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 164
BY REPRESENTATIVE PRESSLY
CIVIL/PROCEDURE: Provides relative to electronic filing of documents
1 AN ACT
2To amend and reenact R.S. 13:850(A), relative to electronic filing and recording; to provide
3 relative to electronic filing received at certain times; to provide for the acceptance
4 at time of receipt; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 13:850(A) is hereby amended and reenacted to read as follows:
7 ยง850. Facsimile transmission; filings in civil actions; fees; equipment and supplies
8 A. Any document in a civil action may be filed with the clerk of court by
9 facsimile transmission. All clerks of court shall make available for their use
10 equipment to accommodate facsimile filing in civil actions, and the clerks of court
11 shall not intentionally turn off or disconnect the equipment used to receive facsimile
12 filings. Filing shall be deemed complete at the time the facsimile transmission is
13 received by the clerk of court in accordance with the electronic filing procedures set
14 forth in Code of Civil Procedure Article 258. No later than on the first business day
15 after receiving a facsimile filing, the clerk of court shall transmit to the filing party
16 via facsimile a confirmation of receipt and include a statement of the fees for the
17 facsimile filing and filing of the original document. The facsimile filing fee and
18 transmission fee are incurred upon receipt of the facsimile filing by the clerk of court
19 and payable as provided in Subsection B of this Section. The facsimile filing shall
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-258 ORIGINAL
HB NO. 164
1 have the same force and effect as filing the original document, if the filing party
2 complies with Subsection B of this Section.
3 * * *
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 164 Original 2022 Regular Session Pressly
Abstract: Provides for electronic filing acceptance at the time filing was received.
Present law (C.C.P. Art. 253) 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 system, if the clerk of court accepts the electronic filing.
Present law (C.C.P. Art. 258) provides that for electronic filings received on a legal holiday
or at any time other than during normal business hours of the recorder, the filings shall be
accepted on the next business day by the same procedure followed when a paper document
is received in the mail at any time other than during normal business hours.
Present law (R.S. 13:850) provides that any document in a civil action may be filed with the
clerk of court by facsimile transmission and that filing is deemed complete at the time the
facsimile transmission is received by the clerk of court.
Proposed law changes present law to provide that the equipment used to accept facsimile
filings cannot be intentionally turned off or disconnected, and that filing shall be deemed
complete in accordance with the procedures set forth in C.C.P. Art. 258.
(Amends R.S. 13:850(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.