Louisiana 2022 Regular Session

Louisiana Senate Bill SB440

Introduced
4/5/22  
Introduced
4/5/22  
Refer
4/6/22  

Caption

Provides relative to facsimile transmission of filings in civil actions. (8/1/22)

Impact

The amendments proposed in SB 440 have significant implications on state civil procedure laws. By formalizing the use of facsimiles for document submission, the bill modernizes the filing process, potentially making it more efficient for both litigants and the court system. The electronic confirmation of filing, which serves as prima facie proof, also enhances the integrity of the filing process. This change could reduce the volume of physical paperwork, thereby promoting a faster turnaround in civil proceedings when documents are filed via facsimile.

Summary

Senate Bill 440, introduced by Senator Morris, addresses the process of facsimile transmission of filings in civil actions within Louisiana's judicial system. The bill amends existing laws related to the filing of documents in civil actions, allowing documents to be officially filed with the clerk of court via facsimile. This process aims to streamline the submission of legal documents by confirming that filings are complete upon receipt of the facsimile transmission at the clerk's office. Furthermore, the bill mandates that the date and time of receipt be stamped on the facsimile filing, providing a clear timeline for submitted documents.

Sentiment

Overall, the sentiment around SB 440 appears to be positive, particularly among those advocating for technological integration within the legal framework. Supporters argue that this bill is a positive step towards embracing modern methods of document handling in courts, reducing delays associated with traditional filing methods. However, there may be concerns from some legal professionals regarding the security and authenticity of facsimile filings compared to original documents, indicating a space for ongoing dialogue around the bill's provisions.

Contention

Notable contention revolves around the potential challenges that may arise in verifying the authenticity and integrity of facsimile-transmitted documents. While the bill ensures that facsimile filings have the same legal standing as original documents upon compliance with stipulations, concerns persist regarding the risk of forgery or miscommunication in the electronic transmission process. Advocates for traditional filing methods may urge for further safeguards to ensure that the integrity of legal filings is maintained, particularly in sensitive civil matters.

Companion Bills

No companion bills found.

Previously Filed As

LA HB310

Provides relative to filings in civil and criminal courts

LA HB131

Prohibits the board of review in Calcasieu Parish from considering ad valorem tax assessment complaints to which the notice of complaint was provided via facsimile transmission (EN NO IMPACT LF EX See Note)

LA HB1230

Provides relative to the Louisiana Money Transmission Act

LA AB1951

An act to amend Sections 411.20, 411.20.5, and 411.21 of, and to add Section 411.11 to, the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to civil actions.

LA HB141

Provides relative to certain information on court filings

LA SB212

Provides for filing procedures and amounts recoverable in medical malpractice actions. (8/1/26)

LA HB142

Provides for the continuous revision of the Code of Civil Procedure

LA SB421

Provides relative to the filing of electronic records. (8/1/26) (EN NO IMPACT See Note)

LA HB0321

AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.

LA SB0329

AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.

Similar Bills

TN SB0329

AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.

TN HB0321

AN ACT to amend Tennessee Code Annotated, Title 1; Title 2; Title 3; Title 4; Title 5; Title 7; Title 8; Title 9; Title 10; Title 11; Title 12; Title 13; Title 16; Title 20; Title 22; Title 24; Title 31; Title 33; Title 36; Title 38; Title 39; Title 40; Title 43; Title 44; Title 45; Title 47; Title 48; Title 49; Title 50; Title 53; Title 54; Title 55; Title 56; Title 61; Title 62; Title 63; Title 64; Title 65; Title 66; Title 67; Title 68; Title 69 and Title 71, relative to electronic transmissions.

NJ A3542

Requires certain public contract bid advertisements to contain certified cost estimate ranges, specifies grounds for rejection of all bids, and requires 50% guaranty on bids; designated as the Fairness in Bidding Act.

OK HB1746

Children; defining terms; safety plan; Office of Juvenile Affairs; approval or denial; transmission; effective date.

MD SB158

Estates and Trusts - Maryland Trust Decanting Act - Notification and Document Transmittal

CA AB540

An act to amend Sections 437c, 1005, and 1010.

TX HB5567

Relating to the method of delivery for certain filing instruments submitted to and services provided by the secretary of state and the threshold amount of certain related fees.

FL S0638

Condominium Associations