§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 district clerks of court and ex officio recorders 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 reproduced or converted using any photographic, microphotographic, or electronic digitizing process capable of producing an unalterable and accessible representation of the original source record provided the usage of these processes is not otherwise prohibited by law.

            B. 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.

            C.(1) With the exception of instruments filed in the conveyance records, a clerk of court shall not be required to maintain the original record filed on or prior to December 31, 2004, provided:

            (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.

            (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 written approval from the state archivist to dispose of the records in accordance with 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 written approval from the state archivist to dispose of the record and proper preservation of the record in accordance with this Section.

            (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. 13:841or 844.

            D.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.

            E. 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 this Section.

            F. For purposes of this Section:

            (1) "Clerk of court" shall mean any district clerk of court and ex officio recorder.

            (2) "Convert" shall mean to capture all information contained in the source records, including all pages or parts from the source records to be preserved in a manner which protects against unauthorized deletions, additions, or alterations and is accessible for the retention period applicable to the record.

            (3) "Electronic digitizing process" shall mean the process of scanning and capturing paper or other media formats into a digital format that is of sufficient authenticity, reliability, usability, and integrity to serve in place of the original source record.

            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; Acts 2026, No. 386, §1.