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Rs 13:1904 City Courts; Destruction Of Useless Records; Certain Courts

§1904. City courts; destruction of useless records; certain courts

A. The clerk of court may, upon consent of the judge or of the majority of judges in

jurisdictions with several divisions and with authorization from the state archivist as

provided in R.S. 44:411, destroy records of any of the following judicial proceedings when

such records have been deemed by the presiding judge or judges to have no further use or

value: suits on open accounts, tort suits, suits on unsecured notes, suits on promissory notes,

suits on chattel mortgages, and suits for eviction of tenants and occupants. However, such

proposed destruction shall be authorized only when ten years have elapsed from the last date

of action on the record or records.

B. No cause of action shall exist against any clerk or judge for the destruction of such

records in accordance with the provisions of this Section.

C. Notwithstanding the provisions of Subsection A to the contrary, the clerk of the

City Court of Houma, the clerk of the City Court of Ruston, and the clerk of the City Court

of Lake Charles may, upon consent of the judge or of the majority of judges if there is more

than one city judge and with authorization from the state archivist as provided in R.S.

44:411, destroy records of judicial proceedings involving suits for eviction of tenants and

occupants when such records have been deemed by the presiding judge or judges to have no

further use or value. However, such proposed destruction shall be authorized only when two

years have elapsed from the last date of action on the record or records when the suit is not

appealed or two years have elapsed after all appeals are exhausted.

D. The clerk of the City Court of Hammond, the clerk of the City Court of Houma,

the clerk of the City Court of Ruston, and the clerk of the City Court of Lake Charles may,

upon consent of the judge or of the majority of judges if there is more than one city judge and

with authorization from the state archivist as provided in R.S. 44:411, destroy records of

criminal proceedings involving misdemeanor convictions when such records have been

deemed by the presiding judge or judges to have no further use or value. However, such

proposed destruction shall be authorized only when ten years have elapsed from the date of

the judgment of conviction when the conviction is not appealed or two years have elapsed

after all appeals are exhausted. The provisions of this Subsection shall not apply to a

conviction for operating a vehicle while intoxicated.

E. The destruction of criminal records authorized by Subsection D of this Section

may occur only after the clerk of court's office has scanned the records and stored them in

an electronic format that is in compliance with all rules adopted by the Department of State

relative to retention and storage of records.

Acts 1985, No. 313, §1; Acts 2003, No. 613, §1; Acts 2006, No. 197, §1; Acts 2010,

No. 166, §1; Acts 2012, No. 101, §1, eff. May 11, 2012; Acts 2016, No. 211, §1, eff. May

26, 2016.

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Local Government
Louisiana
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5
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
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