Current with changes from the 2024 Legislative Session
Section 253 - Pleadings, documents, and exhibits to be filed with clerkA. All pleadings or documents to be filed in an action or proceeding instituted or pending in a court, and all exhibits introduced in evidence, shall be delivered or transmitted to the clerk of the court for that purpose. The clerk of court shall endorse thereon the fact and date of filing and shall retain possession thereof for inclusion in the record, or in the files of the clerk's office, as required by law. The endorsement of the fact and date of filing shall be made upon receipt of the pleadings or documents by the clerk of court and shall be made without regard to whether there are orders in connection therewith to be signed by the court.B.1 The filings as provided in Paragraph A of this Article and all other provisions of this Chapter may be transmitted electronically in accordance with a system established by the clerk of court. The clerk of court shall adopt a system for the electronic filing and storage of any pleading, document, or exhibit filed with a pleading. 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. Public access to electronically filed pleadings and documents shall be in accordance with the rules governing access to paper filings. (2) On and after January 1, 2026, all filings as provided in Paragraph A of this Article and all other provisions of this Chapter filed by an attorney shall be transmitted electronically in accordance with a system established by a clerk of court or by Louisiana Clerks' Remote Access Authority. The filer shall be responsible for ensuring private information is not included in filings. No filing shall include the first five digits of any social security number, tax identification numbers, state identification numbers, driver's license numbers, financial account numbers, full dates of birth, or any information protected from disclosure by state or federal law. The clerk of court shall adopt a system for the electronic filing and storage of any pleading, document, or exhibit filed with a pleading. 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. Public access to electronically filed pleadings and documents shall be in accordance with the rules governing access to paper filings.C. The clerk of court may convert into an electronic record any pleading, document, or exhibit that is filed in paper form. If requested by the filing party, the clerk of court shall return to the filing party the original of any document or exhibit that has been converted into an electronic record.D. The official record shall be the electronic record. The original of any filed document or exhibit shall be maintained by the filing party during the pendency of the proceeding and until the judgment becomes final and definitive, unless otherwise provided by law or order of the court. Upon request and reasonable notice, the original document or exhibit shall be produced to the court. Upon reasonable notice, the original document or exhibit shall be made available to the opposing party for inspection.E. Unless otherwise directed by the court, the original of all documents and exhibits introduced or proffered into evidence, submitted with a petition for executory process, or filed in a summary judgment proceeding shall be retained by the clerk of court until the order or judgment becomes final and definitive.F. A judge or justice presiding over a court in this state may sign a court order, notice, official court document, and other writings required to be executed in connection with court proceedings by use of an electronic signature as defined by R.S. 9:2602. G. If the filing party fails to comply with any of the requirements of Paragraph (A) or (B)(1) of this Article, the electronic filing shall have no force or effect. A court may provide by court rule for other matters related to filings by electronic transmission.H. The clerk of court may procure equipment, services, and supplies necessary to accommodate electronic filings out of the clerk's salary fund.I. All electronic filings shall include an electronic signature. For the purpose of this Article, "electronic signature" means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.J. The clerk of court shall not refuse to accept for filing any pleading or other document that is signed by electronic signature and executed in connection with court proceedings, or that complies with the procedures for electronic filing implemented pursuant to this Article, solely on the ground that the pleading or document was signed by electronic signature.K. Upon adoption of uniform filing standards by the LCRAA, no clerk of court shall accept a filing not in accordance with the adopted standards. Amended by Acts 1980, No. 355, §1; Acts 1985, No. 457, §1; Acts 2001, No. 319, §2; Acts 2010, No. 461, §1; Acts 2014, No. 606, §1; Acts 2017, No. 419, §4, eff. Jan. 1, 2018; Acts 2020, No. 264, §3; Acts 2022, No. 318, §1; Acts 2023, No. 272, §1.Amended by Acts 2024, No. 694,s. 4, 6, eff. 8/1/2024.Amended by Acts 2023, No. 272,s. 1, eff. 8/1/2023.Amended by Acts 2020, No. 264,s. 3, eff. 8/1/2020.Amended by Acts 2017, No. 419,s. 4, eff. 1/1/2018.Amended by Acts 2014, No. 606,s. 1, eff. 6/12/2014.Amended by Acts 1980, No. 355, §1; Acts 1985, No. 457, §1; Acts 2001, No. 319, §2; Acts 2010, No. 461, §1.