Louisiana Court Records

Are Louisiana Court Records Public?

Under the Louisiana Public Records Law, the general public is authorized to access public records generated and maintained by any government agency, including the Louisiana Judicial Body, which maintains court records. Court records requestors are not obligated by the law to indicate a reason for requesting these records, nor does the law restrict the requestor's use of the records after they have been obtained. However, Louisiana Revised Statutes Section 44:32 (A) authorizes the record custodian to demand the requestor's age and valid identification.

Certain records containing information that violates a person's constitutional rights, such as a right to privacy, are sealed from public view. Also, some sensitive parts of court records may be redacted or restricted to only authorized persons, such as the record's subjects and persons authorized by a court order or state law.

What Shows Up on a Louisiana Court Records Search

Louisiana court records contain information about legal cases, hearings, and trials. Details of court records can include the names of parties involved, dates of court proceedings, legal filings, court orders, and judgments passed.

In Louisiana, court records are publicly accessible under the state's Public Records Act (L.P.R.A.), which is stated in the Louisiana Revised Statutes, Title 44. The L.P.R.A. is designed to ensure that Louisiana citizens have access to public records while also protecting privacy rights and the interests of governmental bodies. To access court records in Louisiana, individuals can visit the court clerk's office or use the state's online court records search system.

Court records are essential in Louisiana's judicial process because they provide transparency and accountability. Court records searches can reveal information about an individual's criminal history, civil lawsuits, and other legal matters. They allow citizens to monitor the court proceedings, ensure that judges and lawyers follow the law, and hold public officials accountable for their actions.

How Do I Find Court Records in Louisiana?

The first step to take when trying to obtain court records in Louisiana is to identify the type of court records being requested and locate the courthouse where the case records are maintained. The clerk in the courthouse where a case originates is responsible for generating and maintaining the official records. Use the information provided on the Louisiana Judicial Branch website to get the contact information and address of the courthouse where the case was filed. The courts are grouped into Judicial Districts, with each Parish's courthouse represented under specific Judicial Districts. Court records in printed or electronic formats are provided to requestors upon request.

How to Request Louisiana Court Records in Person

Requesting parties may find court records in Louisiana by an in-person request. Here, the requestor submits a court record request at the court clerk's office. In some cases, the courthouse will require that the requestor presents a written request alongside valid identification. However, other courthouses have request forms that the requestor is expected to fill out with the necessary details of the case that will facilitate the search, such as the case number or the name of the parties involved. Note that each request may attract a nominal fee for duplication and production of the requested court records, although the requestor may not be charged for inspection of records during office hours. Inquire about the required fees from the clerk of court in the parish the court was filed and make the payment if required.

While requesting a court record, ensure that the request application is explicit, containing details of the records requested, such as whether the record will be inspected or obtained, the number of duplicates to be made, etc.

Online requests and requests by mail are allowed in some parishes. Interested persons may contact the court clerk in the parish where the court records are being maintained to inquire whether online requests and requests by mail are allowed and if so, the necessary procedures follow to request via these platforms. In some parishes like Webster parish, on the Parish Clerk of Court website, the requester may be required to create an account or log in to an existing account and pay a subscription fee with varying plans like a subscription for one day, 30 days, six months, or one year. After this registration, the registered person will be able to access records any time they log in.

How to Conduct a Louisiana Court Record Search by Name

Court records can be attained online or by in-person requests to the clerk offices through these name-based searches:

• Search by defendant or plaintiff (party name): Search by the name of a defendant or plaintiff provides information about the legal history of an individual.
• Search by attorney: Search by the name of an attorney who represented a party provides information about the types of cases they worked on and their success rate.
• Search by witness: Search by the name of a witness who testified in a case provides information about the testimony given by the witness and their involvement.
• Search by judge: Search by the name of a judge who presided over a case provides information about the judge's legal rulings, legal philosophy, and any issues regarding their conduct.

How to Get Court Records Online for Free

The Louisiana Supreme Court provides free online access to court records through the Louisiana Supreme Court E-Filing System. This system allows individuals to search for case records by name, case number, or attorney.

To access the system, individuals must go to the Louisiana Supreme Court website and click on 'E-Filing" on the homepage. From there, they can create an account by clicking on the "Register" button and providing the required information. After creating an account, they can log in and access the "Case Search" tab to search for court records. They can search by entering the name of a party, case number, or attorney's name. The system will display a list of matching records, and the user can click on the relevant record to view case details, such as filings, orders, and judgments.

However, accessing copies of certain documents, such as certified copies of court orders or judgments, comes with a low-cost fee. Other low-cost options include:

• Visiting the court clerk's office in person to request records
• Accessing the web-based Public Access to Court Electronic Records (PACER) system

Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:

• The name of the person listed in the record. Juveniles are typically exempt from this search method.
• The last known or assumed location of the person listed in the record. This includes cities, counties, and states.

While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.

Types of Courts in Louisiana

The Louisiana judicial system places emphasis on civil law and written codes, and this distinguishes it from the common law-based systems in other states. The different types of courts, each with its own jurisdiction and responsibilities, include:

• District Courts: The primary trial courts in Louisiana have general jurisdiction over all types of civil and criminal cases. District Courts are organized into judicial districts based on population and geography. These courts have the authority to hear cases involving large sums of money, serious crimes, and disputes between individuals or entities.
• City Courts: The municipal courts in Louisiana have limited jurisdiction over certain types of cases, such as traffic violations, misdemeanors, and civil cases with a lower monetary limit. These courts are typically located in urban areas and handle cases that occur within their jurisdiction.
• Juvenile Courts: They have jurisdiction over cases involving minors, such as delinquency, child abuse or neglect, and custody disputes. These courts are focused on rehabilitation and education for juvenile offenders, rather than punishment.
• Appellate Courts: They are responsible for reviewing and hearing appeals from the district and city courts. Louisiana has five appellate courts, one for each circuit. These courts have the authority to review decisions made by lower courts to ensure that they were made correctly and fairly.
• Louisiana Supreme Court: It is the highest court in the state and serves as the final court of appeal for all civil and criminal cases. The Supreme Court also has the power to make rules and regulations governing the practice of law in the state.
• Specialty Courts: These courts are tailored to meet the unique needs of certain types of cases, and they offer specialized services and resources to defendants. Louisiana has several specialty courts, such as drug and domestic violence courts, designed to address specific legal issues.

What Shows Up on Louisiana Judgment Records?

Louisiana judgment records are created towards the end of a case when a judge issues a decision and the court clerk enters the decision into the court docket. So, judgment records mostly exist for cases considered closed or adjudicated unless a litigant pursues an appeal.

Copies of Louisiana judgment records are available for public perusal per the Louisiana Public Records Law. Interested persons who wish to obtain judgment records in Louisiana must visit the clerk's office during work hours. The administrative staff will require certain information to process the request, including the case number and the parties' names involved in the case.

Furthermore, the requester must pay the applicable search fees and administrative cost of copying or certifying the judgment record. Most clerk offices accept cash, money order, certified check, and credit cards. Yet another way to obtain judgment records in Louisiana is to prepare and send a mail-in request. This method is especially suitable for requesters who prefer to obtain judgment records from the repose of their homes. A typical judgment record in Louisiana contains the litigants' names, the judge's name, a case description, and the court's decision.

Are Louisiana Bankruptcy Records Public?

Louisiana bankruptcy records fall under the umbrella of public records. Such records provide information on individuals and businesses who filed for bankruptcy in the state of Louisiana. Sometimes, people and companies get into more debt than they can manage. When this happens, such parties have to seek help from the court in offsetting their debts, either by liquidating their assets or structuring a repayment plan. There are special courts that handle bankruptcy cases in the United States, and they are governed by federal laws. When filing a bankruptcy case in Louisiana, the debtor has to submit a statement that includes all assets, incomes, debts, and details of all creditors, and the amount owed. These details remain stored in Louisiana bankruptcy records.

Bankruptcy records and accompanying documents, including foreclosure, judgments, writs, and Louisiana liens, can be made accessible to the public pursuant to state law. To access these records, requestors may be required to provide information to facilitate the record search and cover the cost of duplicating the record (if copies are required).

How to Find Bankruptcy Records in Louisiana

Bankruptcy records in Louisiana can be accessed through the Public Access to Court Electronic Records (PACER) system. Searches for bankruptcy records on PACER in Minnesota can be done with the following general steps:

• Users must first create an account by providing their personal and billing information.
• PACER currently charges $0.10 per page for document retrieval, with a maximum charge of $3.00 per document. Users are also charged for searches and reports at $30 per search or report with a maximum charge of $90 per item.
• After logging in, they should select "Search for Case" from the main menu And choose the specific court where the bankruptcy case was filed.
• They can input either the debtor's name or case number to search for the bankruptcy case.
• Once the search results are displayed, the user should select the desired bankruptcy case to view.

Can You Look Up Court Cases in Louisiana?

Yes, a Louisiana court case lookup can be performed through court record custodians. Some courts in Louisiana also maintain a central database where interested persons may track court cases that are available to the public in Louisiana. Note that certain sensitive cases, such as cases involving minors, may be unavailable to the general public.

Louisiana Court Case Lookup Exemptions

Louisiana's Public Records Law allows access to public records, including court records, with limited exceptions. However, there are several laws in Louisiana that exempt certain court records from public disclosure. Some of the most significant laws in Louisiana and the records they exempt include:

• Juvenile records: Louisiana Children's Code Article 306
• Adoption records: Louisiana Children's Code Article 412
• Mental health records: Louisiana Revised Statutes 28
• Domestic violence records: Louisiana Revised Statutes 46
• Sealed records: Louisiana Code of Civil Procedure Article 366

Although some court records are exempt from public disclosure, access to them can still be obtained under certain circumstances. For example, some records may be available to authorized individuals or entities, such as law enforcement agencies or attorneys involved in the case. Additionally, some records may be subject to disclosure under court order or as part of discovery in a legal proceeding.

How to Find a Court Docket in Louisiana

A Louisiana court docket is a record of all the proceedings and activities that take place in a court case. It serves as a log of the case, providing a complete history of all the events that have occurred from the beginning of the case to its conclusion. It contains a summary of all the filings, motions, and orders entered in a particular case and the dates and times of all the hearings and trials.

The types of court dockets include:

• Civil docket
• Criminal docket
• Family docket
• Juvenile docket
• Probate docket

Court dockets in Louisiana are maintained at the district court level and may be accessed online through the Louisiana Supreme Court's website or in person at the clerk's office.

Civil vs Small Claims Courts in Louisiana: Understanding the Difference

Louisiana small claims courts are subdivisions of City Court (established under LA. R.S. 13:5201) and Justice of the Peace Courts. Small claim cases involve money disputes that are not more than $5000. To avoid default, a defendant must file a written answer within ten days of service or 15 days if served by the secretary of state. Small claims actions are not allowed to have more than ten plaintiffs in one case, and no class actions may be filed in the Small Claims Division. Parties involved in the case are allowed to have an attorney represent them in a small claims court. On the other hand, they may also draft their petitions to meet the requirements of the law.

A suit filed in the Small Claims Division follows the same procedures as regular civil actions. The difference is that no discovery procedures, like depositions or interrogatories, are available in the Small Claims Division. Note that exceptions and motions may be filed, but the judges' practice in Small Claims actions to refer all motions to the merits at trial instead of considering them before the trial. In a Small Claims trial, technical rules of evidence are relaxed, and all relevant evidence is admissible, including hearsay, if the judge determines it is reliable. The judge will decide based on competent evidence before the court. In Louisiana, jury trials are not permitted in small claims court.

City courts have jurisdiction over civil cases in which the amount in dispute, or the value of the property in question, is between $15,000 and $50,000.