Louisiana Public Records Request

LOUISIANA PUBLIC RECORDS REQUEST

(La. R.S. 44:1 et seq.)

PRACTITIONER NOTES

1. A person of the age of majority may inspect, copy, or reproduce a public record, and any person may obtain a copy or reproduction, subject to statutory exceptions. The custodian bears the burden of proving that a record is not subject to access. La. R.S. 44:31(B).
2. For an examination request, the custodian generally may inquire only about the requester's age and identification, may require the requester to sign a register, and may ask for greater specificity if the requested records cannot be identified from the initial request. La. R.S. 44:32(A)(1).
3. A record that is immediately available must be presented immediately. If it is not immediately available because it is in active use, the custodian must promptly certify that fact in writing and set a day and hour within three days, excluding Saturdays, Sundays, and legal public holidays, for access. La. R.S. 44:33(B).
4. If the custodian questions whether a requested record is public, the custodian has five days after receiving the request, excluding Saturdays, Sundays, and legal public holidays, to provide a written determination, reasons, and the legal basis for any exemption. La. R.S. 44:32(D).
5. A requester may seek judicial enforcement after a denial or after five excluded-day-adjusted days pass without a written determination or an estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review. La. R.S. 44:35(A).
6. Examination and review are free, including review to determine whether a record is subject to disclosure. Non-state custodians may charge reasonable copying or electronic-transmission fees under a publicly accessible fee schedule. State-agency copy fees follow the uniform schedule adopted under La. R.S. 39:241 or another fee fixed by law. La. R.S. 44:32(C).
7. A custodian may deny a request that would substantially disrupt required government operations only after reasonable attempts to narrow or specify it with the requester. La. R.S. 44:32(A)(2).
8. A request is not a contract. Delete unused bracketed instructions and do not add warranties, covenants, defaults, cure periods, indemnities, force majeure, arbitration clauses, jury waivers, assignment restrictions, integration clauses, or execution formalities.

REQUEST LETTER

Date: [DATE]

Method: [EMAIL / MAIL / FACSIMILE / PORTAL / HAND DELIVERY]

To:
[CUSTODIAN OF RECORDS]
[PUBLIC BODY]
[OFFICE OR DIVISION]
[ADDRESS / EMAIL / FACSIMILE / PORTAL]

From:
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[MAILING ADDRESS]
[EMAIL]
[TELEPHONE]

Re: Louisiana Public Records Request — [SUBJECT]

Dear Custodian of Records:

Under La. R.S. 44:1 et seq., I request inspection and/or copies of the public records described below.

1. Records Requested

1. [DESCRIBE THE FIRST RECORD OR DISCRETE RECORD SET.]
2. [DESCRIBE THE SECOND RECORD OR DISCRETE RECORD SET.]
3. [ADD ADDITIONAL ITEMIZED REQUESTS.]

Date range: [START DATE] through [END DATE]

Relevant office, official, employee, contractor, project, contract, incident, matter, or file number: [DETAILS]

Helpful custodians, email addresses, search terms, databases, or data fields: [DETAILS]

This request seeks existing records used, prepared, possessed, or retained for public business. If greater specificity is needed to identify them, please contact me at [EMAIL / TELEPHONE].

2. Inspection, Copies, and Delivery

I request:

• ☐ examination during regular office or working hours;
• ☐ electronic copies in an existing format;
• ☐ paper copies;
• ☐ examination first, with copies selected afterward; or
• ☐ another available method: [METHOD].

Preferred delivery or examination method: [EMAIL / SECURE LINK / PORTAL / APPOINTMENT / MAIL / PICKUP].

[FOR EXAMINATION REQUESTS: I certify that I am a person of the age of majority.]

3. Fees and Cost Communication

I authorize lawful fees up to $[AMOUNT]. Please identify the applicable posted or state fee schedule, provide an estimate, and obtain my written approval before exceeding that amount.

No fee should be charged for examination or review, including review to determine whether a record is subject to disclosure, under La. R.S. 44:32(C)(3).

[OPTIONAL REQUEST: Please furnish the copies without charge or at a reduced charge to the extent permitted by La. R.S. 44:32(C) because [INDIGENCY OR PUBLIC-PURPOSE BASIS, AS APPLICABLE].]

4. Availability and Any Withholding

If the records are immediately available, please present them immediately as required by La. R.S. 44:33(B)(1). If a requested record is in active use, please promptly certify that fact in writing and set a day and hour within three days, excluding Saturdays, Sundays, and legal public holidays, for access.

If any record or portion is withheld, please provide the written determination required by La. R.S. 44:32(D) within five days after receipt, excluding Saturdays, Sundays, and legal public holidays. Please state the reasons and cite the legal basis for each exemption.

Please separate nonpublic material and make the public portions available under La. R.S. 44:32(B).

If production cannot be completed within five days, please provide a written estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review.

Thank you for your assistance.

Respectfully,

__________________________________
[REQUESTER NAME]
[TITLE / ORGANIZATION, IF ANY]
[DATE]

POST-SUBMISSION AND ENFORCEMENT NOTES

• Keep the record: Preserve the request, proof of receipt, availability certification, time estimate, fee communications, payment, production, and written determination.
• Five-day enforcement trigger: A person denied access, or who receives neither a written determination nor a reasonable-time estimate within five days excluding Saturdays, Sundays, and legal public holidays, may sue under La. R.S. 44:35(A).
• Forum and relief: The action is filed in the district court for the parish where the custodian's office is located and may seek mandamus, injunctive relief, or declaratory relief. The court decides the matter de novo, and the custodian bears the burden. La. R.S. 44:35(A)-(B).
• Priority: An original enforcement suit is tried by preference and summarily; an appeal receives preferential treatment. La. R.S. 44:35(C).
• Attorney fees and costs: A requester who prevails is awarded reasonable attorney fees and other litigation costs; a requester who prevails in part may receive a discretionary award. Attorney-fee awards are capped at the amounts approved by the Attorney General for outside counsel. La. R.S. 44:35(D), (F).
• Actual damages and civil penalties: For arbitrary or capricious withholding, or unreasonable or arbitrary failure to respond as required by La. R.S. 44:32, the court may award proven actual damages. A civil penalty of up to $100 per day, excluding Saturdays, Sundays, and legal public holidays, is available only for unreasonable or arbitrary failure to give the required response notification. La. R.S. 44:35(E)(1).
• No personal liability under this Chapter: Current La. R.S. 44:35(E)(2) makes the public body, not an individual, responsible for Chapter 44 penalties, including damages, civil penalties, attorney fees, and costs.
• Get legal advice promptly: Exemptions, substantially disruptive requests, fee rules, damages, deadlines, and litigation strategy are fact-sensitive.

CURRENT OFFICIAL SOURCES

• Louisiana Legislature — La. R.S. 44:1, definitions
• Louisiana Legislature — La. R.S. 44:31, access and burden
• Louisiana Legislature — La. R.S. 44:32, examination, copies, fees, and determinations
• Louisiana Legislature — La. R.S. 44:33, availability
• Louisiana Legislature — La. R.S. 44:35, enforcement