Art. 14.1. Filing of pleadings and documents by facsimile or electronic transmission
A. Any document in a traffic or criminal action may be filed with the clerk of court
by facsimile transmission if permitted by the policy of the clerk of court. Filing shall be
deemed complete at the time the facsimile transmission is received by the clerk of court. No
later than on the first business day after receiving a facsimile filing, the clerk of court shall
transmit to the filing party via facsimile a confirmation of receipt and include a statement of
the fees for the facsimile filing and filing of the original document. The facsimile filing fee
and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and
payable as provided in Subsection B of this Section. The facsimile filing shall have the same
force and effect as filing the original document, if the party complies with Paragraph B of
this Article.
B. Within seven days, exclusive of legal holidays, after the clerk of court receives
the facsimile filing, all of the following shall be delivered to the clerk of court:
(1) The original document identical to the facsimile filing in number of pages and
in content of each page including any attachments, exhibits, and orders. A document not
identical to the facsimile filing or which includes pages not included in the facsimile filing
shall not be considered the original document.
(2) The fees for the facsimile filing and filing of the original document stated on the
confirmation of receipt, if any.
(3) A transmission fee of five dollars, if the defendant had not been declared indigent
by the court.
C. If the filing party fails to comply with any of the requirements of Paragraph B of
this Article, the facsimile filing shall have no force or effect.
D. Any court district may provide by court rule for any additional requirement or
provisions for filings by facsimile transmission.
E. In keeping with the clerk's policy, each clerk of court shall make available the
necessary equipment and supplies to accommodate facsimile filing in criminal actions.
Purchases for equipment and supplies necessary to accommodate facsimile filings may be
funded from any expense fund of the office of the clerk of court as the clerks deem
appropriate.
F. The filings as provided in this Article and all other provisions of this Code may
be transmitted electronically in accordance with a system established by a clerk of court or
by the Louisiana Clerks' Remote Access Authority. When such a system is established, the
clerk of court shall adopt and implement procedures for the electronic filing and storage of
any pleading, document, or exhibit. Furthermore, in a parish that accepts electronic filings
covered under this Paragraph, the official record shall be the electronic record. 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 written filings.
Acts 2001, No. 319, §3; Acts 2016, No. 109, §2; Acts 2021, No. 341, §1.