How do I file a public records request in Louisiana?
1. Statute. Louisiana Public Records Law, La. R.S. §§ 44:1 to 44:41, founded on Art. XII, § 3 of the Louisiana Constitution which provides "no person shall be denied the right to . . . examine public documents."
2. Who Can Request. "Any person of the age of majority"—no Louisiana residency required (R.S. 44:31(B)(1)).
3. Form of Request. Oral or written; must reasonably describe records. Custodian may require a written request.
4. Agency Response Deadline. Immediate inspection if reasonably possible (R.S. 44:32(A)). If unavailable, the custodian must so certify in writing within 3 business days and set a date the records will be available (R.S. 44:33).
5. Fees. Reasonable fee for copying; many agencies use $1.00 per page for the first 9 pages and graduated rates thereafter, though courts require fees be reasonable and related to actual cost. Certified copies higher. State agencies often follow AG-issued schedules.
6. Exemptions. R.S. 44:4 to 44:4.1 and scattered provisions: criminal litigation records (R.S. 44:3), prosecutorial work product, juvenile records, adoption records, security plans, trade secrets, attorney-client privilege, attorney work product, certain personnel records, library records, exam materials.
7. Redaction. Custodian must redact exempt info and produce remainder (R.S. 44:32(B)).
8. Denial & Appeal. Written denial citing the specific statutory basis required within 5 business days (R.S. 44:32(D)). No administrative appeal; proceed to court.
9. Court Action. Writ of mandamus in district court for the parish where the records are kept (R.S. 44:35). Summary proceeding.
10. Penalties. Civil damages including actual damages, up to $100 per day for arbitrary or capricious denial, plus reasonable attorney fees and costs (R.S. 44:35(E)). Custodian may be personally liable for arbitrary refusal.
This is legal information, not legal advice.
- Custodian fails to certify unavailability within 3 business days
- Records involve criminal litigation files (heavily exempted under R.S. 44:3)
- You want to seek daily damages and attorney fees under R.S. 44:35(E)
- La. R.S. §§ 44:1-44:41 (Public Records Law)
- La. Const. art. XII, § 3
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.