2023 Regular Session ENROLLED
SENATE RESOLUTION NO. 43
BY SENATOR MORRIS
A RESOLUTION
To urge and request the Louisiana State Law Institute to study and make recommendations
on legislation relative to electronic filing and records retention.
WHEREAS, pursuant to Senate Resolution No. 202 of the 2021 Regular Session of
the Louisiana Legislature, the legislature created the Task Force on Statewide Standards for
Clerks of Court Electronic Filing and Records Retention; and
WHEREAS, the Task Force on Statewide Standards for Clerks of Court Electronic
Filing and Records Retention was created to develop statewide standardized electronic filing
and records retention procedures, including studying the costs and benefits of such
standardized procedures and studying existing procedures for the management and disposal
of paper records, documents, and filings; and
WHEREAS, Senate Resolution No. 202 of the 2021 Regular Session of the Louisiana
Legislature set forth that the task force study the feasibility and propriety of the electronic
filing of legal documents, the electronic filing of documents in the conveyance and mortgage
records, the retention, maintenance, preservation, and disposition of original paper
documents once converted to electronic record, public access to all public records, including
ease of functionality and viewing, and maintaining the integrity of public records, including
original documents, and propose recommendations, together with specific proposals for
legislation, by written report to the legislature no later than February 15, 2022; and
WHEREAS, Senate Resolution No. 27 of the 2022 Regular Session of the Louisiana
Legislature extended the deadline by which the task force was to submit its report to the
legislature to no later than October 31, 2022; and
WHEREAS, the task force submitted its report to the legislature on October 31,
2022, and recommends that the legislature direct the Louisiana State Law Institute to study
and propose amendments to laws addressing the following issues:
(1) The interplay between electronic records as converted originals and evidence that
must be filed, presented to the court, and preserved in its original paper form; and
(2) Whether persons seeking probate of a will or codicil should be required to deliver
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to the clerk of court the will or codicil in original paper form and whether Clerks of Court
should be required to retain and preserve such documents in original paper form as
evidence; and
(3) Other instances where paper documents with evidentiary significance should be
manually filed and retained; and
(4) Retention periods for preservation of such instruments in original paper format,
considering periods of prescription and peremption of actions that might be brought to
invalidate or annul a testament or codicil, to nullify an order of probate, for recognition of
a right of inheritance, and for any other relief dependent upon the validity of such
instruments; and
WHEREAS, the task force also recommends that the Louisiana State Law Institute
consider Code of Civil Procedure Art. 258 and any similar provision within the Code of
Civil Procedure relating to recordation and preservation of instruments recorded in
conveyance and mortgage records and whether such should be removed from the Code of
Civil Procedure and placed in the Revised Statutes; and
WHEREAS, the task force recommends that the Louisiana State Law Institute
consider and make recommendations regarding the preservation and maintenance of the
original form of evidence and exhibits introduced in criminal proceedings until a period after
the termination of the sentence imposed upon the defendant, or for some other period of
time; and
WHEREAS, the task force recommends that the Louisiana State Law Institute
evaluate and propose an amendment of R.S. 44:116 to include a declaration providing that
conveyance, mortgage, and probate records are permanent records which shall be preserved
and maintained for all time, in either original form and in books, or by microfilm or other
electronic format, and that records pertaining to title be maintained from date of formation
of each parish until the present time.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby urge and request that the Louisiana State Law Institute propose legislation to
enact, amend, and repeal laws in order to implement and revise procedures for the electronic
filing of legal documents, the electronic filing of documents in the conveyance and mortgage
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records, the retention, maintenance, preservation, and disposition of original paper
documents once converted to electronic record, public access to all public records, including
ease of functionality and viewing, and maintaining the integrity of public records, including
original documents.
BE IT FURTHER RESOLVED that recommendations for revising state law in the
form of proposed legislation shall be submitted to the Legislature of Louisiana no later than
February 2, 2024.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana State Law Institute.
PRESIDENT OF THE SENATE
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