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Issue: Whether a plaintiff in an action under the Public Records law may take testimony of government employees who are not custodians of Public Records in Louisiana
| Area of Law: | Litigation & Procedure |
| Keywords: | Right to examine records; Custodian of public records |
| Jurisdiction: | Louisiana |
| Cited Cases: | 15 So. 3d 972; 450 So. 2d 933; 433 So. 2d 1105; 194 La. 812; 868 So. 2d 27; 695 So. 2d 1126; 664 So. 2d 132; 667 So. 2d 1036 |
| Cited Statutes: | La. Rev. Stat. § 44:31, § 44:1(A)(3) |
| Date: | 11/01/2011 |
Louisiana’s Public Records Law provides that any adult is entitled to request and obtain access to and copies of public records:
§ 31. Right to examine records
A. Providing access to public records is a responsibility and duty of the appointive or elective office of a custodian and his employees.
B. (1) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person of the age of majority may inspect, copy, or reproduce any public record.
(2) Except as otherwise provided in this Chapter or as otherwise specifically provided by law, and in accordance with the provisions of this Chapter, any person may obtain a copy or reproduction of any public record.
(3) The burden of proving that a public record is not subject to inspection, copying, or reproduction shall rest with the custodian.
La. Rev. Stat. § 44:31. This right to examine and obtain copies of documents “is not absolute and unqualified; it must be determined in light of the circumstances.” Title Research Corp. v. Rausch, 433 So. 2d 1105, 1109 (La. App. 1 Cir. 5/17/83) (stating further that the right to access public records must be balanced in each case against other public interests), rev’d […]