Could a Louisiana judge sign a final judgment electronically under the law discussed in Opinion 13-0158?

Plain-English summary

In Opinion 13-0158, the Louisiana Attorney General said a judge could not sign a judgment electronically under the statutes it reviewed. The opinion noted that La. Code Civ. Proc. art. 1911 required the judge to sign a final judgment but did not authorize an electronic signature. It also read the Louisiana Uniform Electronic Transactions Act as excluding court orders and other official court documents from its general electronic-signature rules.

The AG distinguished search warrants. The opinion identified separate provisions authorizing electronic forms and judicial signatures for those warrants. It concluded that electronic signatures on judgments would require authorizing legislation and adopted court rules.

The date on the available PDF extract is garbled as “DEC·172019” even though the document is numbered 13-0158. This page leaves the issue date unresolved; it does not treat the OCR date as verified.

Currency note

This opinion bears the number 13-0158. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG allow electronic signatures on final judgments?

No. It found no authorization in the statutes it reviewed and concluded that judges could not sign judgments electronically absent authorizing legislation and adopted court rules.

Did the state's electronic-transactions law cover court orders?

The AG said the law excluded court orders and official court documents required in proceedings, unless another law provided otherwise.

Were electronic signatures allowed for search warrants?

Yes, under the separate provisions quoted in the opinion. The AG treated that authorization as a limited exception and did not extend it to final judgments.

Background and statutory framework

Judge Donald Johnson asked whether judges could use electronic signatures on judgments. The AG read La. Code Civ. Proc. art. 1911 with the Louisiana Uniform Electronic Transactions Act, including the exclusion in La. R.S. 9:2603(B)(4)(b). It then compared the specific electronic-warrant provisions in La. R.S. 9:2603.1(A) and the Code of Criminal Procedure.

Citations

• La. Code Civ. Proc. art. 1911 (final-judgment signature provision quoted in the opinion).
• La. R.S. 9:2603(B)(4)(b) (court-document exclusion quoted in the opinion).
• La. R.S. 9:2603.1(A) (electronic-warrant provision discussed in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0158

Original opinion text

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DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

JAMES D. "BUDDY" CALDWEll
70804-9005
AITORNEY GENERAL

DEC·172019
OPINION 13-0158

The Honorable Donald R. Johnson 56 JUDGES La. Code Civ. Proc. art. 1911; La. Code. Crim. Proc. art. 162 et seq; La.
Judge, Division B, Section VII R.S. 9:2601 et seq.
Nineteenth Judicial District Court There is no statutory authorization for jUdges to sign judgments using
East Baton Rouge Parish
an electronic signature.
Suite 10201,300 North Blvd.
Baton Rouge, LA 70801

Judge Johnson:

Your request for an Attorney General's Opinion has been assigned to me for research and reply. You ask whether judges may sign judgments using an electronic signature.

The short answer to your question is no. First, we note that La. Code Civ. Proc. art.
1911 provides, in part, as follows:

Except as otherwise provided by law, every final judgment shall be signed by the judge...

While that article does not specify how the judgment must be signed (i.e., with a pen, pencil, marker, crayon, stylus, or other writing instrument), it does not specifically authorize the use of an electronic signature.

Pertinently, the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601 et seq., hereinafter referred to as "LUETA") defines an "electronic signature" as "an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.,,1

However, pursuant to La. R.S. 9:2603(B)(4)(b), LUETA does not apply to "[c]ourt orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings, except as otherwise provided by law." As noted in La. R.S. 9:2605(B)(1), LUETA applies only to transactions between parties, each of which has agreed to conduct transactions by
electronic means.
.

La. R.S. 9:2602(8).

Page 2

The Honorable Donald R. Johnson
Opinion 13-0158
Page -2­

One limited exception that authorizes electronic forms and signatures relates to the issuance of warrants. As to forms for warrants, we note La. RS. 9:2603.1 (A), which provides as follows:

An application for any warrant or signature utilized by the judicial branch of state government shall not be denied legal effect or enforceability solely because it is in electronic form. Any such application, signature or record in electronic form shall have the full effect of law.

[Emphasis added.]

As to electronic signatures, we note La. Code of Criminal Procedure Art. 162.2E, which provides as follows:

Accompanying the electronic testimony shall be an electronic facsimile of the search warrant. If the jUdge finds probable cause and approves the issuance of the warrant, he shall affix his electronic signature to the warrant and return it immediately to the applicant.

[Emphasis added.]

Therefore, while La. RS. 9:2603.1 (A) and La. Code of Crim. Proc. Art 162.2 specifically provide for and authorize the use of electronic forms and signatures for search warrants, there is no such similar provision for the use of electronic signatures for court orders or judgments. To the contrary, La. R.S. 9:2603(B)(4)(b) specifically states that electronic signatures are not authorized<for the signing of court orders, notices, etc.

Thus, it is the opinion of this office that, absent authoriZing legislation and adopted Rules of Court, judges may not sign judgments using an electronic signature. However, pursuant to La. RS. 9:2603.1 (A) and La. Code of Crim. Proc. Art 162.2, the use of an electronic form and signature for search warrants is authorized.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

Yours very truly,

JAMES D. "BUDDY" CALDWELL
Atto~al
J1::.. g
By: ,4-, fI/l:r-­
BENJAMIN A. HUXEN II
Assistant Attorney General
JDC/BAH II