§3733.2. Financial institution records containing electronic signatures; admissibility into
evidence
A.Notwithstanding any other provision to the contrary, if accompanied by a
certification as provided in Subsection B of this Section, a record, containing an electronic
signature or a reproduction of a record containing an electronic signature, shall be considered
to be an original, as defined in Article 1001 of the Code of Evidence, for all purposes and
shall be admissible into evidence as an original record 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, and shall be received
in evidence as prima facie proof of its contents with the sa
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§3733.2. Financial institution records containing electronic signatures; admissibility into
evidence
A. Notwithstanding any other provision to the contrary, if accompanied by a
certification as provided in Subsection B of this Section, a record, containing an electronic
signature or a reproduction of a record containing an electronic signature, shall be considered
to be an original, as defined in Article 1001 of the Code of Evidence, for all purposes and
shall be admissible into evidence as an original record 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, and shall be received
in evidence as prima facie proof of its contents with the same force and effect as an original
record, and shall be deemed authentic for all purposes, satisfying the requirements of Code
of Evidence Articles 901 and 902. If accompanied by a certification as provided in
Subsection B of this Section, a record containing an electronic signature or a reproduction
of a record containing an electronic signature shall be deemed authentic evidence for
purposes of executory process to the same extent as if it were a manually signed paper
original record.
B. A record containing an electronic signature or a reproduction of a record
containing an electronic signature is presumed to be genuine if accompanied by a
certification, executed by a representative of a financial institution or its assignee,
substantially as follows:
STATE OF_____________________________
PARISH/COUNTY OF___________________
CITY OF ______________________________
I,______________________, a representative of _______________________ (the
Financial Institution or assignee) do hereby certify the following:
(a) In accordance with R.S. 13:3733.2, based on the undersigned person's personal
knowledge or upon information and belief based upon records of the financial institution, any
assignee, or any other person that are kept or obtained in the ordinary course of its business
activities, the document(s) attached to this certificate, consisting of ___ page(s), is (are each)
a record, electronic record, or reproduction of a record or electronic record that contains a
genuine electronic signature of ______________ (insert name of signer on documents).
(b) If the document(s) attached to this certificate is (are each) an obligation sought
to be enforced, including a promissory note, the financial institution or assignee named above
is entitled to enforce the obligation(s) evidenced by the documents.
__________________________________
NAME
__________________________________
TITLE
__________________________________
ADDRESS
C. The provisions of this Section that authorize the use of a record containing an
electronic signature or a reproduction of a record containing an electronic signature shall not
apply to a collateral mortgage note as defined in R.S. 10:9-102(d)(3).