RS 44:116

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RS 44:116

§116. Photostatic, photographic, microfilm, or other photographic or electronic copies of records; indexes of conveyance and mortgage records; disposition; evidentiary status; preservation

A. In all cases where the clerks of court and recorders of the various parishes throughout the state, Orleans Parish excepted, are required by law to make records of filings, documents, pleadings, and all other written instruments, including indexes, and registers of the same, such records may be made by any method of photorecording, photocopying, microfilming, or other photographic method of reproduction or electronically on non-rewritable magnetic, optical, or laser-type storage media, including but not limited to CD-ROM.

However, the film stock used in making photographic or microphotographic copies and the processing of the copies shall comply with the standards of the American National Standards Institute for permanent record photographic microcopying film and the electronic media used shall comply with the standards of the International Standards Organization for electronic storage of records.

B. Whenever recordation by means of photorecording, photocopying, microfilming, or other photographic method of reproduction is used or when electronic recordation on non-rewritable magnetic, optical, or laser-type storage media is used, any requirement expressed or implied in law for the above-mentioned records, including indexes and registers of the same, to be maintained in a book or bound volume shall be satisfied by the appropriate storage unit of microfilm or other photographic method employed, or tape or disk; however, if a clerk of court elects to record by means of microfilming or other photographic method of reproduction, or electronically, he shall have copies of the films, tapes, or disks available for inspection, examination, and copying under the provisions of R.S. 44:31 et seq., and other applicable laws.

C. Notwithstanding the provisions of Subsections A and B of this Section or any other provision of law to the contrary, clerks of court and recorders may make indexes of conveyance and mortgage records by any method of photorecording, photocopying, microfilming, or other photographic method of reproduction or electronically on non-rewritable magnetic, optical, or laser type storage media, including but not limited to CD-ROM; however, the standards described in Subsection A of this Section shall apply.

D. Notwithstanding the provisions of Subsection B of this Section or any other provision of law to the contrary, for any record filed on or after January 1, 2005, with the exception of records of a graphic nature, including but not limited to plats, maps, and photographs as related to the work of a Professional Land Surveyor engaged in the "Practice of Land Surveying", as defined in R.S. 37:682, a clerk of court may reproduce the record as provided in this Section and shall return the original record to the indicated person and to the address shown on the first page of the record, or if no such person and address is indicated, to any vendee or other transferee whose name and address are stated in the instrument.

The clerk of court shall verify that the copy of the record is complete and legible prior to the return or disposal of the original record.

E.(1) Notwithstanding the provisions of Subsection B of this Section or any other provision of law to the contrary, with the exception of instruments filed in the conveyance records, a clerk of court shall not be required to maintain an original record filed on or prior to December 31, 2004, provided that:

(a)The record has been preserved using one of the methods contained in this Section.

(b)The original of the record has been transferred to the state archivist pursuant to the provisions of R.S. 44:406 or R.S. 44:427.

(c)The original of the record is not of a graphic nature including but not limited to plats, maps and photographs as related to the work of a Professional Land Surveyor engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.

(2)(a) With the exception of instruments filed in the conveyance records on or prior to December 31, 2004, a clerk of court may destroy any record provided for in this Subsection or return it to the person who is indicated and to the address shown on the first page of the record, or if no such person and address is indicated, to the person who presented the record after the clerk of court has done all of the following:

(i)Received certification from the state archivist that the records are not subject to R.S. 44:406 or 411.

(ii)Preserved the record as provided in this Section.

(iii)Verified that the copy of the record is complete and legible.

(b)No cause of action for any claim shall exist against a clerk of court for any damage or loss resulting from the return or destruction of an original record in accordance with this Paragraph after receipt of the certification and proper preservation of the record.

(3)The Department of State shall not make or authenticate a copy or reproduction of any original record it receives from a clerk of court pursuant to R.S. 44:406. Upon receipt of any request for service or any inquiry relating to such a record, it shall forward the request or inquiry to the appropriate clerk of court who shall render the necessary service and charge the appropriate fee, as provided for by R.S. 13:841 or R.S. 13:844.

F. When a clerk of court certifies that a copy of a record preserved by him using a method provided for in this Section is true and correct, the certified copy of the record shall be received in evidence, if relevant, by any court or administrative agency as prima facie proof of its contents.

G. All rules adopted by the Department of State relative to retention and storage of records of public bodies shall apply to all records provided for in Subsections D and E of this Section. In addition, each clerk of court shall maintain a locally available backup copy of any record destroyed pursuant to Subsection E of this Section.

H. For purposes of Subsections D, E, F, and G of this Section the term "clerk of court" shall mean any parish clerk of court, and the register of conveyances, recorder of mortgages, and custodian of notarial records in the parish of Orleans.

Acts 1983, No. 180, §1; Acts 1995, No. 1119, §2; Acts 2004, No. 679, §2, eff. Jan. 1, 2005; Acts 2017, No. 173, §3; Acts 2024, No. 501, §4.