ENROLLED
ACT No. 694
2024 Regular Session
HOUSE BILL NO. 380
BY REPRESENTATIVES ZERINGUE, GREEN, JACKSON, NEWELL, AND
THOMPSON
1 AN ACT
2 To amend and reenact R.S. 13:754(A) through (D) and (F) and 850(A), Code of Civil
3 Procedure Article 253, and Code of Criminal Procedure Article 14.1 and to enact
4 Code of Criminal Procedure Article 14.2, relative to electronic filings; to provide
5 relative to the membership and duties of the Louisiana Clerks' Remote Access
6 Authority; to provide relative to electronic filing standards and requirements; to
7 provide relative to facsimile transmissions; to provide for contingent effectiveness;
8 and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 13:754(A) through (D) and (F) and 850(A) are hereby amended and
11 reenacted to read as follows:
12 §754. Louisiana Clerks' Remote Access Authority; membership; board of
13 commission; statewide portal
14 A. There is hereby created the Louisiana Clerks' Remote Access Authority
15 which shall be referred to as the "LCRAA".
16 B. The LCRAA shall provide for infrastructure, governance, standard
17 operating procedures, technology, maintenance, and training to support a statewide
18 portal with a universal interface for secure remote access by internet users to certain
19 records maintained by LCRAA members. and LCRAA shall provide assistance to
20 LCRAA members in procuring, implementing, enhancing, and maintaining
21 equipment, supplies, and services related to technology to facilitate electronic
22 transactions and communications and to disseminate information to the public, to
23 facilitate the operations of any member during any declared emergency, and to
24 provide for document preservation. Every district clerk of court shall facilitate
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1 electronic filing, recording, and remote access through the LCRAA portal by January
2 1, 2026. LCRAA shall work with the district clerks of court to achieve the goal of
3 electronic filing, recording, and remote access through the universal interface on the
4 statewide portal maintained by LCRAA.
5 C.(1) The LCRAA shall be composed of members who are district clerks of
6 court to provide the LCRAA with secure remote access to indices of certain records
7 maintained by each district clerk of court. LCRAA shall adopt rules permitting
8 additional district clerks of court to enroll as members of LCRAA on a schedule
9 which shall include at least one enrollment period per fiscal year. Every district
10 clerk of court shall become a member of LCRAA by July 1, 2020. LCRAA shall
11 provide the legislature, prior to the convening of the 2020 Regular Session, with a
12 written progress report that includes a list of participating clerks of court by parish
13 and a list of clerks of court by parish not yet participating, an overview of the
14 information currently available through LCRAA, and information on the availability
15 of online records of each clerk of court by parish.
16 D.(1) (2) The LCRAA shall be governed by a seven-member six-member
17 board of commissioners, referred to in this Section as the "board", and consists of the
18 following members:
19 (a) Five commissioners to be elected by the LCRAA from the LCRAA
20 membership.
21 (b) One commissioner to be designated by the Louisiana Bankers
22 Association (LBA).
23 (c) One commissioner to be designated by the Louisiana Land Title
24 Association (LLTA) or the Louisiana Association of Independent Land Title Agents
25 (LAILTA). The commissioners from each association shall serve for a one-year
26 term, alternating between the two associations. The designee of the LAILTA shall
27 serve as the initial commissioner with the term beginning July 1, 2014, and ending
28 June 30, 2015. The term for the designee of the LLTA shall begin on July 1, 2015,
29 and end on June 30, 2016.
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1 (2) (3)(a) Board members elected by the LCRAA and elected by the LBA
2 shall serve two-year terms. The initial term shall begin on July 1, 2014, and shall
3 end on June 30, 2016.
4 (b) Board members shall be eligible for election to succeeding terms without
5 limit.
6 (c) Any expired term or vacancy on the board of LCRAA shall be filled in
7 the same manner as the original appointment.
8 (3) (4) The board shall elect from its members a chair, a vice chair, a
9 secretary, a treasurer, and such other officers as it may deem necessary. The duties
10 of the officers shall be fixed by the by-laws adopted by LCRAA.
11 (4) (5) The members of the board shall serve without compensation but shall
12 be reimbursed for their reasonable expenses directly related to the governance of
13 LCRAA.
14 (5) (6) The domicile of LCRAA shall be in East Baton Rouge Parish.
15 D. Every clerk of court shall provide the following information to LCRAA,
16 which shall be compiled by LCRRA and submitted to the legislature no later than
17 January 1, 2025:
18 (1) The case management system or docket system software and software
19 vendor used by each parish clerk of court.
20 (2) The number and percentage of remote electronic filings and physical
21 filings of pleadings converted to electronic image by each parish clerk of court.
22 (3) The capability of the case management system or docket system of each
23 parish clerk of court to accept electronic signatures by judges and the extent of the
24 use of electronic signature systems by judges of the court.
25 (4) The costs charged by each clerk of court to persons for electronic filing
26 of civil and criminal pleadings and the amounts charged to access, view, and
27 download images of pleadings via an electronic case management system or docket
28 system.
29 (5) The costs charged by each clerk of court for electronic recording of
30 documents effecting land titles.
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1 (6) The cost charged by each clerk of court to access, view, or obtain copies
2 of electronic images or paper copies of electronic images of documents in the land
3 title database.
4 * * *
5 F.(1) Beginning September 1, 2014, members of LCRAA shall collect a fee
6 of five dollars per recording of which no more than three dollars shall be remitted to
7 the LCRAA and two dollars the remainder shall be retained by the member to fund
8 costs related to participation in the statewide portal, including but not limited to
9 acquiring hardware and software and providing document preservation. The fees
10 shall be remitted to LCRAA by the tenth day of the month following collection.
11 LCRAA shall use the fees received solely for the purposes set forth in this
12 Subsection Section.
13 (2) Any user fee received by LCRAA shall be used for administering and
14 maintaining the statewide portal and a prorated share, as determined by LCRAA,
15 may be paid to members based upon the public access to the records provided by the
16 member.
17 (3) If the statewide portal is not operational by August 31, 2017, the
18 additional five dollar fee shall cease to be collected.
19 * * *
20 §850. Facsimile transmission; filings in civil actions; fees; equipment and supplies
21 A. Any Until January 1, 2026, any document in a civil action may be filed
22 with the clerk of court by facsimile transmission. All clerks of court shall make
23 available for their use equipment to accommodate facsimile filing in civil actions,
24 and the clerks of court shall not intentionally turn off or disconnect the equipment
25 used to receive facsimile filings. Filing shall be deemed complete on the date and
26 time indicated on the clerk of court facsimile transmission receipt. No later than on
27 the first business day after receiving a facsimile filing, the clerk of court shall
28 transmit to the filing party via facsimile a confirmation of receipt and include a
29 statement of the fees for the facsimile filing and filing of the original document. The
30 facsimile filing fee and transmission fee are incurred upon receipt of the facsimile
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1 filing by the clerk of court and payable as provided in Subsection B of this Section.
2 The facsimile filing shall have the same force and effect as filing the original
3 document, if the filing party complies with Subsection B of this Section.
4 * * *
5 Section 2. Code of Civil Procedure Article 253(B) and (D) are hereby amended and
6 reenacted and Code of Civil Procedure Article 253(I) is hereby enacted to read as follows:
7 Art. 253. Pleadings, documents, and exhibits to be filed with clerk
8 * * *
9 B. The filings as provided in Paragraph A of this Article and all other
10 provisions of this Chapter may be transmitted electronically in accordance with a
11 system established by a clerk of court or by Louisiana Clerks' Remote Access
12 Authority. B. On and after January 1, 2026, all filings as provided in Paragraph A
13 of this Article and all other provisions of this Chapter filed by an attorney shall be
14 transmitted electronically through the system selected by the filing attorney. The
15 filing shall be made in accordance with the system established by a clerk of court or
16 by Louisiana Clerks' Remote Access Authority. The filer shall be responsible for
17 ensuring private information is not included in filings. No filing shall include the
18 first five digits of any social security number, tax identification numbers, state
19 identification numbers, driver's license numbers, financial account numbers, full
20 dates of birth, or any information protected from disclosure by state or federal law.
21 When such a system is established, the clerk of court shall adopt and implement
22 procedures for the electronic filing and storage of any pleading, document, or
23 exhibit, and the official record shall be the electronic record. A pleading or
24 document filed electronically is deemed filed on the date and time stated on the
25 confirmation of electronic filing sent from the system, if the clerk of court accepts
26 the electronic filing. Public access to electronically filed pleadings and documents
27 shall be in accordance with the rules governing access to paper filings. The clerk of
28 court may convert into an electronic record any pleading, document, or exhibit as set
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1 forth in R.S. 44:116. The originals of conveyances shall be preserved by the clerk
2 of court.
3 * * *
4 D. Any Until January 1, 2026, any pleading or document in a traffic or
5 criminal action may be filed with the court by facsimile transmission in compliance
6 with the provision of the Code of Criminal Procedure Article 14.1.
7 * * *
8 I. Upon adoption of uniform filing standards by the LCRAA, no clerk of
9 court shall accept a filing not in accordance with said standards.
10 * * *
11 Section 3. Code of Criminal Procedure Article 14.1(A) and (F) are hereby amended
12 and reenacted and Code of Criminal Procedure Article 14.1(G) is hereby enacted to read as
13 follows:
14 Art. 14.1. Filing of pleadings and documents by facsimile or electronic transmission
15 A. Any Until January 1, 2026, any document in a traffic or criminal action
16 may be filed with the clerk of court by facsimile transmission if permitted by the
17 policy of the clerk of court. Filing shall be deemed complete at the time the
18 facsimile transmission is received by the clerk of court. No later than on the first
19 business day after receiving a facsimile filing, the clerk of court shall transmit to the
20 filing party via facsimile a confirmation of receipt and include a statement of the fees
21 for the facsimile filing and filing of the original document. The facsimile filing fee
22 and transmission fee are incurred upon receipt of the facsimile filing by the clerk of
23 court and payable as provided in Paragraph B of this Article. The facsimile filing
24 shall have the same force and effect as filing the original document, if the party
25 complies with Paragraph B of this Article.
26 * * *
27 F. Upon adoption of uniform filing standards by the LCRAA, no clerk of
28 court shall accept a filing not in accordance with the standards adopted by the
29 LCRAA.
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1 F. The G. Beginning January 1, 2026, all filings as provided in this Article
2 and all other provisions of this Code may filed by an attorney shall be transmitted
3 electronically through the system selected by the filing attorney. The filing shall be
4 made in accordance with a the system established by a clerk of court or by the
5 Louisiana Clerks' Remote Access Authority. The filer shall be responsible for
6 ensuring private information is not included in filings. No filing shall include the
7 first five digits of any social security number, tax identification numbers, state
8 identification numbers, driver's license numbers, financial account numbers, full
9 dates of birth, or any information protected from disclosure by state or federal law.
10 When such a system is established, the clerk of court shall adopt and implement
11 procedures for the electronic filing and storage of any pleading, document, or
12 exhibit. Furthermore, in a parish that accepts electronic filings covered under this
13 Paragraph, the official record shall be the electronic record. A pleading or document
14 filed electronically is deemed filed on the date and time stated on the confirmation
15 of electronic filing sent from the system, if the clerk of court accepts the electronic
16 filing. Public access to electronically filed pleadings and documents shall be in
17 accordance with the rules governing access to written filings.
18 Section 4. Code of Civil Procedure Article 253 is hereby amended and reenacted to
19 read as follows:
20 Art. 253. Pleadings, documents, and exhibits to be filed with clerk
21 A. All pleadings or documents to be filed in an action or proceeding
22 instituted or pending in a court, and all exhibits introduced in evidence, shall be
23 delivered or transmitted to the clerk of the court for such that purpose. The clerk of
24 court shall endorse thereon the fact and date of filing, and shall retain possession
25 thereof for inclusion in the record, or in the files of his the clerk's office, as required
26 by law. The endorsement of the fact and date of filing shall be made upon receipt of
27 the pleadings or documents by the clerk of court and shall be made without regard
28 to whether there are orders in connection therewith to be signed by the court.
29 B.(1) The filings as provided in Paragraph A of this Article and all other
30 provisions of this Chapter may be transmitted electronically in accordance with a
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1 system established by a the clerk of court. or by Louisiana Clerks' Remote Access
2 Authority. When such a system is established, the The clerk of court shall adopt and
3 implement procedures a system for the electronic filing and storage of any pleading,
4 document, or exhibit, and the official record shall be the electronic record filed with
5 a pleading. A pleading or document filed electronically is deemed filed on the date
6 and time stated on the confirmation of electronic filing sent from the system, if the
7 clerk of court accepts the electronic filing. Public access to electronically filed
8 pleadings and documents shall be in accordance with the rules governing access to
9 paper filings. The clerk of court may convert into an electronic record any pleading,
10 document, or exhibit as set forth in R.S. 44:116. The originals of conveyances shall
11 be preserved by the clerk of court.
12 (2) On and after January 1, 2026, all filings as provided in Paragraph A of
13 this Article and all other provisions of this Chapter filed by an attorney shall be
14 transmitted electronically in accordance with a system established by a clerk of court
15 or by Louisiana Clerks' Remote Access Authority. The filer shall be responsible for
16 ensuring private information is not included in filings. No filing shall include the
17 first five digits of any social security number, tax identification numbers, state
18 identification numbers, driver's license numbers, financial account numbers, full
19 dates of birth, or any information protected from disclosure by state or federal law.
20 The clerk of court shall adopt a system for the electronic filing and storage of any
21 pleading, document, or exhibit filed with a pleading. A pleading or document filed
22 electronically is deemed filed on the date and time stated on the confirmation of
23 electronic filing sent from the system, if the clerk of court accepts the electronic
24 filing. Public access to electronically filed pleadings and documents shall be in
25 accordance with the rules governing access to paper filings.
26 C. The clerk of court may convert into an electronic record any pleading,
27 document, or exhibit that is filed in paper form. If requested by the filing party, the
28 clerk of court shall return to the filing party the original of any document or exhibit
29 that has been converted into an electronic record.
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1 D. The official record shall be the electronic record. The original of any filed
2 document or exhibit shall be maintained by the filing party during the pendency of
3 the proceeding and until the judgment becomes final and definitive, unless otherwise
4 provided by law or order of the court. Upon request and reasonable notice, the
5 original document or exhibit shall be produced to the court. Upon reasonable notice,
6 the original document or exhibit shall be made available to the opposing party for
7 inspection.
8 E. Unless otherwise directed by the court, the original of all documents and
9 exhibits introduced or proffered into evidence, submitted with a petition for
10 executory process, or filed in a summary judgment proceeding shall be retained by
11 the clerk of court until the order or judgment becomes final and definitive.
12 C. F. A judge or justice presiding over a court in this state may sign a court
13 order, notice, official court document, and other writings required to be executed in
14 connection with court proceedings by use of an electronic signature as defined by
15 R.S. 9:2602.
16 D. Any pleading or document in a traffic or criminal action may be filed with
17 the court by facsimile transmission in compliance with the provision of the Code of
18 Criminal Procedure Article 14.1.
19 E. The clerk shall not refuse to accept for filing any pleading or other
20 document signed by electronic signature, as defined by R.S. 9:2602, and executed
21 in connection with court proceedings, or which complies with the procedures for
22 electronic filing implemented pursuant to this Article, if any applicable fees for filing
23 and transmission are paid, solely on the ground that it was signed by electronic
24 signature.
25 F. G. If the filing party fails to comply with any requirement of the
26 requirements of Paragraph (A) or (B)(1) of this Article, the electronic filing shall
27 have no force or effect. The district courts A court may provide by court rule for
28 other matters related to filings by electronic transmission.
29 G. H. The clerk of court may procure equipment, services, and supplies
30 necessary to accommodate electronic filings out of the clerk's salary fund.
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1 H. I. All electronic filings shall include an electronic signature. For the
2 purpose of this Article, "electronic signature" means an electronic symbol or process
3 attached to or logically associated with a record and executed or adopted by a person
4 with the intent to sign the record.
5 J. The clerk of court shall not refuse to accept for filing any pleading or other
6 document that is signed by electronic signature and executed in connection with
7 court proceedings, or that complies with the procedures for electronic filing
8 implemented pursuant to this Article, solely on the ground that the pleading or
9 document was signed by electronic signature.
10 K. Upon adoption of uniform filing standards by the LCRAA, no clerk of
11 court shall accept a filing not in accordance with the adopted standards.
12 Section 5. Code of Criminal Procedure Article 14.1 is hereby amended and reenacted
13 and Code of Criminal Procedure Article 14.2 is hereby enacted to read as follows:
14 Art. 14.1. Filing of pleadings and documents by facsimile or electronic transmission
15 Electronic filings
16 A. Until January 1, 2026, any document in a traffic or criminal action may
17 be transmitted electronically in accordance with a system established by the clerk of
18 court. The clerk of court shall adopt a system for the electronic filing and storage of
19 any pleading, document, or exhibit other than those documents or exhibits introduced
20 and filed at a hearing or trial. Furthermore, in a court that accepts electronic filings
21 in accordance with this Paragraph, the official record shall be the electronic record.
22 A pleading or document filed electronically is deemed filed on the date and time
23 stated on the confirmation of electronic filing sent from the system, if the clerk of
24 court accepts the electronic filing. Public access to electronically filed pleadings and
25 documents shall be in accordance with the rules governing access to written filings.
26 B. Beginning January 1, 2026, all filings as provided in this Article and all
27 other provisions of this Code filed by an attorney shall be transmitted electronically
28 in accordance with a system established by a clerk of court or by the Louisiana
29 Clerks' Remote Access Authority. The filer shall be responsible for ensuring private
30 information is not included in filings. No filing shall include the first five digits of
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1 any social security number, tax identification numbers, state identification numbers,
2 driver's license numbers, financial account numbers, full dates of birth, or any
3 information protected from disclosure by state or federal law. The clerk of court shall
4 adopt a system for the electronic filing and storage of any pleading, document, or
5 exhibit other than those documents or exhibits introduced and filed at a hearing or
6 trial. Furthermore, in a court that accepts electronic filings in accordance with this
7 Paragraph, the official record shall be the electronic record. A pleading or document
8 filed electronically is deemed filed on the date and time stated on the confirmation
9 of electronic filing sent from the system, if the clerk of court accepts the electronic
10 filing. Public access to electronically filed pleadings and documents shall be in
11 accordance with the rules governing access to written filings.
12 C. Upon adoption of uniform filing standards by the LCRAA, no clerk of
13 court shall accept a filing not in accordance with the adopted standards.
14 Art. 14.2. Facsimile filings
15 A. Any Until January 1, 2026, any document in a traffic or criminal action
16 may be filed with the clerk of court by facsimile transmission if permitted by
17 pursuant to the policy of the clerk of court. Filing shall be deemed complete at the
18 time the facsimile transmission is received by the clerk of court. No later than on the
19 first business day after receiving a facsimile filing, the clerk of court shall transmit
20 to the filing party via facsimile a confirmation of receipt and include a statement of
21 the fees for the facsimile filing and filing of the original document. The facsimile
22 filing fee and transmission fee are incurred upon receipt of the facsimile filing by the
23 clerk of court and payable as provided in Paragraph B of this Article. The facsimile
24 filing shall have the same force and effect as filing the original document, if the party
25 complies with Paragraph B of this Article.
26 B. Within seven days, exclusive of legal holidays, after the clerk of court
27 receives the facsimile filing, all of the following shall be delivered to the clerk of
28 court:
29 (1) The original document identical to the facsimile filing in number of
30 pages and in content of each page, including any attachments, exhibits, and orders.
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1 A document that is not identical to the facsimile filing or which that includes pages
2 not included in the facsimile filing shall not be considered the original document.
3 (2) The fees for the facsimile filing and filing of the original document stated
4 on the confirmation of receipt, if any.
5 (3) A transmission fee of five dollars, if the defendant had has not been
6 declared indigent by the court.
7 C. If the filing party fails to comply with any of the requirements of
8 Paragraph B of this Article, the facsimile filing shall have no force or effect.
9 D. Any A court district may provide by court rule for any additional
10 requirement or provisions for filings by facsimile transmission.
11 E. In keeping with the clerk's policy, each clerk of court shall make available
12 the necessary equipment and supplies to accommodate facsimile filing in criminal
13 actions. Purchases for equipment and supplies necessary to accommodate facsimile
14 filings may be funded from any expense fund of the office of the clerk of court as the
15 clerks deem appropriate.
16 F. Upon adoption of uniform filing standards by the LCRAA, no clerk of
17 court shall accept a filing not in accordance with the adopted standards.
18 F. The filings as provided in this Article and all other provisions of this Code
19 may be transmitted electronically in accordance with a system established by a clerk
20 of court or by the Louisiana Clerks' Remote Access Authority. When such a system
21 is established, the clerk of court shall adopt and implement procedures for the
22 electronic filing and storage of any pleading, document, or exhibit. Furthermore, in
23 a parish that accepts electronic filings covered under this Paragraph, the official
24 record shall be the electronic record. A pleading or document filed electronically is
25 deemed filed on the date and time stated on the confirmation of electronic filing sent
26 from the system, if the clerk of court accepts the electronic filing. Public access to
27 electronically filed pleadings and documents shall be in accordance with the rules
28 governing access to written filings.
29 Section 6.(A) Sections 2 and 3 of this Act shall become effective only if Senate Bill
30 No. 75 of the 2024 Regular Session is not enacted and does not become law.
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1 (B) Sections 4 and 5 of this Act shall become effective only if Senate Bill No. 75 of
2 the 2024 Regular Session is enacted and becomes law. If Senate Bill No. 75 of the 2024
3 Regular Session is enacted and becomes law, then the provisions of Sections 4 and 5 of this
4 Act supersede and control to the extent of any conflict between this Act and the Act that
5 originated as Senate Bill No. 75 of the 2024 Regular Session.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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