2009 Louisiana Laws TITLE 13 Courts and judicial procedure :: RS 13:3733.1 Financial institution records; reproductions; recordkeeping; admissibility into evidence; definitions

§3733.1.  Financial institution records; reproductions; recordkeeping; admissibility into evidence; definitions

A.  As used in this Section the following terms shall have the following meanings:

(1)  "Financial institution" means every entity organized to engage in the business of banking pursuant to the laws of the United States, the state of Louisiana, any other state, or the District of Columbia, including state banks, national banks, savings and loan associations, and all other entities which lend money or otherwise extend credit and which are supervised by any department, board, agency, or corporation of the United States, the state of Louisiana, any other state, or the District of Columbia.

(2)  "Record" means any writing, entry, print, instrument, or document evidencing any transaction or event, including but not limited to books of account, vouchers, documents, agreements, contracts, security agreements, other collateral security documents, checks, and correspondence.

(3)  "Reproduce" means to make, generate, produce, or obtain a reproduction.

(4)  "Reproduction" means a counterpart, duplicate, or copy, or a durable medium for making a counterpart, duplicate, or copy, produced from the same impression as the original, or from the same matrix, or produced or obtained by any photographic, photostatic, microfilm, microcard or miniature or microphotographic process, or by any mechanical or electronic recording or re-recording, electronic or optical imaging, chemical process or other process or technique which accurately reproduces the original or forms or creates a durable medium for so reproducing the original, including but not limited to computer and other printouts, and counterparts, duplicates, copies, and other output generated or produced by or from an electronic imaging system such as counterparts, duplicates, or copies produced or obtained from optical disks.  A reproduction shall also mean a substitute check as defined under the  federal Check Clearing for the 21st Century Act and Regulation CC, 12 CFR 229.2(zz).

B.  Any financial institution may reproduce any of its original records used by such financial institution during the course of its business activities, and any such financial institution may thereafter destroy the original record in the regular course of its business activities; however, if the original record is held by the financial institution in a custodial or fiduciary capacity for or on behalf of another person or entity, the original record shall not be destroyed without the express consent of such other person or entity.

C.  Notwithstanding any other statute, rule of law, regulation, ordinance, or other provision to the contrary, except Subsection G of this Section, each reproduction of a record made pursuant to this Section shall be considered to be an original of such record for all purposes and shall be admissible into evidence to the same extent as the original record itself in any judicial, administrative, and other proceedings in all courts, tribunals, and other bodies and in any proceedings before all boards, bureaus, departments, commissions, and agencies of this state, whether the original record is in existence or not.  The introduction of a reproduction does not preclude introduction of the original record.

D.  No destruction or other disposition of any original record by any financial institution in the regular course of its business activities, whether intentionally or unintentionally, shall be deemed to be bad faith on the part of the financial institution under any statute, rule of law, regulation, ordinance, or other provision.

E.  Whenever any counterpart, duplicate, or copy or group of counterparts, duplicates, or copies shall be certified with a certificate reading substantially as follows, each such counterpart, duplicate, or copy shall be a reproduction as defined in this Section and shall be admissible into evidence as the original record.  Except as prohibited in Subsection G of this Section, if the original record would be deemed to be authentic evidence, the reproduction, so certified, shall also be deemed authentic evidence for all purposes including but not limited to for purposes of Louisiana Laws of Civil Procedure Articles 2631 et seq.

STATE OF____________________________

PARISH/COUNTY OF___________________

CITY OF _____________________________

I,______________________, a representative of __________________ (financial institution) do hereby certify that the document(s) attached to this certificate, consisting of ___ page(s) is (are each) a true and correct reproduction of the original thereof, being a reproduction made from the records maintained by (financial institution) in the course of its business activities and made in accordance with the provisions of R.S. 13:3733.1.

__________________________________

NAME

_________________________________

TITLE

_________________________________

ADDRESS

F.  Except as prohibited in Subsection G of this Section, each reproduction shall be an original as defined in Article 1001 of the Louisiana Laws of Evidence, and under any other similar codes of evidence or other evidentiary law or rule of any other jurisdiction.

G.(1)  A reproduction of a promissory note, negotiable instrument, letter of credit, certificated security, document of title, or a certificate of title pertaining to a motor vehicle shall not be deemed to be an original of such record for the following purposes:

(a)  Use of the record in executory proceedings as provided in Chapter I of Title II of Book V of the Louisiana Laws of Civil Procedure, Article 2631 et seq.

(b)  Transferring the record.

(c)  Presenting the record for payment, acceptance, or honor.

(d)  Use of the record in a judicial proceeding or action involving a claim based on such record, unless the original has been lost, stolen, or inadvertently destroyed.  However, a reproduction of a check, as defined in R.S. 10:3-104, that has been destroyed by a financial institution in the regular course of its business activities shall be deemed to be an original of such check in a judicial proceeding or action involving a claim based on or involving such check.  However, a substitute check, as defined in the federal Check Clearing for the 21st Century Act and Regulation CC, 12 CFR 229.2(zz), may be deemed to be an original of such check in a judicial proceeding or action involving a claim based on or involving such check.

(2)  A reproduction of an original record bearing a signature shall not be admissible into evidence as the original record itself if the signature on the original is omitted from the reproduction.

H.  It is further provided that the terms of any record described in Subsection G of this Section, the original of which has been lost, stolen, or inadvertently destroyed, may be enforced and, if applicable, a duplicate original of such record reissued, upon compliance with the provisions of this Section or compliance with any other applicable laws, rules, or regulations.

I.  Notwithstanding any statute, rule of law, regulation, ordinance, or other provisions to the contrary, reproductions of records, including those described in Subsection G of this Section, shall satisfy all record retention and recordkeeping requirements, whether or not the original of such record is still in existence.

J.  It is further provided that if any record specifically described in Subsection G of this Section contains a signature which is made or created by electronic or digital means, such that it is stored in a computer or similar device, any printout or other tangible output readable by sight, shown to reflect the data accurately, shall be deemed an original of such record.

Acts 1995, No. 1093, §2; Acts 1997, No. 39, §2; Acts 1999, No. 123, §2, eff. June 9, 1999; Acts 2004, No. 475, §1.

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