Louisiana
Louisiana Public Records Law: Deadlines, Fees, and How to File a Request
Independently fact-checked against primary sources (last audited August 4, 2026). · Law checked current as of August 9, 2026. · 5 primary sources cited on this page. How we verify our legal content

Louisiana's Public Records Law, La. R.S. 44:1 et seq., lets any person of the age of majority inspect, copy or reproduce the records of state and local government bodies, and lets any person obtain a copy or reproduction of them, with enforcement running directly to district court under R.S. 44:35.
This page covers Louisiana state law. Records held by federal agencies run under the federal Freedom of Information Act instead, and the process is different enough that it needs its own walkthrough: see how to file a FOIA request. For the deadline, fee and appeal rules in every other state, start at our public records laws by state hub.
Who can request records in Louisiana
R.S. 44:31 splits the right of access in two, and the difference matters. Under R.S. 44:31(B)(1), "any person of the age of majority may inspect, copy, or reproduce any public record." Under R.S. 44:31(B)(2), "any person may obtain a copy or reproduction of any public record," with no age condition attached. So the age floor governs in-person inspection and copying, along with the custodian's duty under R.S. 44:32(A)(1) to present a record to "any person of the age of majority," but it does not govern a request that simply asks the office to furnish copies. In Louisiana the age of majority is 18. Neither branch sets a general residency or citizenship condition, so a requester in another state or another country ordinarily stands on the same footing as a Baton Rouge resident.
Two exceptions were added in 2024 and both sit in R.S. 44:31.1. Under R.S. 44:31.1(B)(1), enacted by Acts 2024 No. 638, a request for records of the Office of the Governor may be made only by a resident of Louisiana, so the no-residency rule does not hold for that one office. Under R.S. 44:31.1(A)(1), the right of access does not extend to an individual in custody after a felony sentence who has exhausted his appellate remedies, unless the request is related to a claim for post-conviction relief. Check which body holds the record before assuming out-of-state standing.
The custodian's permitted questions are tightly limited. Under R.S. 44:32(A)(1) the custodian "shall make no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person," and may require the requester to sign a register. The custodian may also ask you to be more specific about which records you want if the initial request does not make that clear. Nothing in the statute lets a custodian condition access on your reason for asking.
One practical limit sits in R.S. 44:32(A)(2): if a custodian reasonably determines that a request would substantially disrupt required government operations, the custodian may deny access, but only after reasonable attempts to narrow or specify the request with the requester. A denial on that ground without any attempt to negotiate scope does not satisfy the statute.
Deadlines: three different clocks
Louisiana does not use a single response window. Three provisions operate together, and requesters who only know one of them tend to misjudge where they stand.
Immediate production for records not in active use. R.S. 44:33(B)(1) is direct: if the record "is not being in active use at the time of the application," it "shall be immediately presented to the authorized person applying for it."
Three days when the record is in active use. If the record is in active use, the custodian "shall promptly certify this in writing to the applicant, and in his certificate shall fix a day and hour within three days, exclusive of Saturdays, Sundays, and legal public holidays, for the exercise of the right granted by this Chapter."
Five days when the custodian questions whether the item is public. R.S. 44:32(D) applies "in any case in which a record is requested and a question is raised by the custodian of the record as to whether it is a public record." Then the custodian must notify the requester in writing within five days, excluding weekends and legal holidays, of the determination and the reasons for it, including "a reference to the basis under law" for the exemption claimed.
Those five days also mark the point where silence becomes actionable. R.S. 44:35(A) lets a requester sue after "the passage of five days" from the request without receiving either a written determination or an estimate of the time reasonably necessary for collection, segregation, redaction, examination or review. In other words, a custodian who does nothing at all is in the same position as a custodian who denies.
Fees and the indigency waiver
Inspection is normally free, and the statute says so twice over, but each half carries an exception. R.S. 44:32(C)(3) provides that "no fee shall be charged to any person to examine or review any public records, except as provided in this Section," and it adds that no fee may be charged for the examination or review a custodian performs to determine whether a record is subject to disclosure, "except as may be determined by a court of competent jurisdiction." That second clause forecloses a common tactic elsewhere: billing the requester for the agency's own review time before anything is handed over.
The main in-Section exception is a scheduling one. R.S. 44:32(A)(1) requires that examinations be conducted during regular office or working hours unless the custodian authorizes otherwise, and where the custodian does authorize an after-hours examination, the persons designated to represent the custodian are entitled to reasonable compensation paid "out of funds provided in advance by the person examining such record in other than regular office or working hours." Asking to come in after hours can therefore carry a cost that a visit during business hours does not.
Copies are a separate matter, and the rules split by who holds the record. For a state agency, R.S. 44:32(C)(2)(a) ties copying charges to the uniform fee schedule adopted by the commissioner of administration under R.S. 39:241, so the rate is set centrally rather than office by office. Local custodians, meaning parish and municipal bodies, school boards and clerks of court, set their own reasonable fees, and any custodian who charges "shall establish a reasonable fee schedule and post the schedule where it can be readily accessed by the public." The custodian may require payment in advance and may decline to produce copies if you failed to pay for an earlier request. Because local rates differ, ask for the posted schedule before committing to a large order.
Three relief provisions sit in the same section, and requesters routinely miss the second and third. R.S. 44:32(C)(1)(a) is the indigency branch: copies "may be furnished without charge or at a reduced charge to indigent citizens of this state." The word "may" matters, and the statute sets no application form or income test, so ask the custodian in writing what showing that office accepts. R.S. 44:32(C)(2)(a) is broader in one respect: a state-agency custodian may furnish copies without charge or at a reduced charge where the custodian determines the use of the records "will be limited to a public purpose," which reaches journalists, researchers and civic groups who are not claiming indigency. R.S. 44:32(C)(2)(b) goes further still and requires that copies of records held by a public postsecondary education institution "be furnished without charge to any student-produced media outlet," but the mandate is conditional: it reaches only an outlet "that is affiliated with the institution and that is funded in whole or in part by fees levied by the institution or by students enrolled at the institution." An unaffiliated or independently funded student publication does not qualify.
How to file a Louisiana public records request
Louisiana has no central records portal. Every request goes to the custodian who actually holds the record, which is the agency, parish office, municipal department, school board or clerk of court in question.
- Identify the right custodian. State agency records go to that agency's public records officer. Parish and municipal records go to the parish or city clerk or the department that generated them. Court filings go to the clerk of court for that judicial district.
- Put the request in writing. R.S. 44:32(D) and R.S. 44:35 both key off written requests, and a written record of the date is what starts the clock you may later need to prove.
- Describe the records with enough detail that the custodian can locate them: subject, date range, department, and any case, permit or incident number you have.
- For body camera footage, be incident specific. R.S. 44:3 requires reasonable specificity as to date, time, location or persons involved, and a custodian may deny a request that lacks it.
- Ask for the posted fee schedule and for an estimate before authorizing copies.
- Keep your copy of the request and the date it was delivered. If five days pass with no written determination and no time estimate, that silence is itself grounds for suit.
Our free FOIA request generator will assemble a Louisiana-specific letter with the right statutory citations, and nothing you type into it is stored or transmitted.
Denials and how to appeal
Louisiana provides no administrative appeal board and no attorney general review with binding force. Enforcement is judicial, and it is designed to move quickly.
Under R.S. 44:35(A), a person denied access, either by the custodian's determination or by the passage of five days without a written determination or time estimate, may bring proceedings for a writ of mandamus or for injunctive or declaratory relief in the district court for the parish where the custodian's office is located.
Several features of that suit favor requesters. The court "shall determine the matter de novo and the burden is on the custodian to sustain his action." Cases under the chapter "shall be tried by preference and in a summary manner," which moves them ahead of the ordinary civil docket. Fee shifting is mandatory for a requester who wins: under R.S. 44:35(D)(1) a person who prevails "shall be awarded reasonable attorney fees and other costs of litigation." Only a requester who prevails in part falls to the court's discretion, which "may in its discretion award him reasonable attorney fees or an appropriate portion thereof."
R.S. 44:35(E)(1) supplies the sanction, and it splits into two remedies that attach to different conduct. Read carefully, because the split is easy to blur.
- Actual damages are available on either trigger: the court may award them if it finds the custodian arbitrarily or capriciously withheld the requested record, or unreasonably or arbitrarily failed to respond to the request as required by R.S. 44:32.
- Civil penalties of up to $100 per day, exclusive of Saturdays, Sundays and legal public holidays, attach only to the second trigger. The penalty runs where the custodian failed to respond, and it is measured per day of the failure to give notification. A withholding that was arbitrary but was answered on time draws actual damages, not the daily penalty.
R.S. 44:35(E)(2) then makes clear that no individual is personally liable for those penalties; the public body pays.
R.S. 44:35(F) caps the fee award. An award for attorney fees "in any suit brought under the provisions of this Chapter shall not exceed the amounts approved by the attorney general for the employment of outside counsel." The cap is stated as amounts rather than hourly rates, and it reaches every suit brought under the Public Records Law, so a prevailing requester should not assume full market-rate recovery.
The statute as reviewed for this page sets no fixed deadline for filing that suit. Ordinary Louisiana prescription rules would govern by default, and that is a question to raise with a Louisiana attorney rather than assume.
Police records and body camera footage
Body-worn camera video sits under R.S. 44:3(A)(8), which exempts "video or audio recordings generated by law enforcement officer body-worn cameras that are found by the custodian to violate an individual's reasonable expectation of privacy."
Three details follow from that section:
- Footage the custodian places in that category is not permanently sealed. R.S. 44:3(A)(8)(b) provides that it "shall be disclosed upon a determination and order from a court of competent jurisdiction pursuant to R.S. 44:35," and R.S. 44:3(A)(8)(c) leaves the costs of a court-ordered production to be set by the court.
- Requests must be narrow. Body camera requests "shall be incident specific and shall include reasonable specificity as to the date, time, location, or persons involved," and a request covering multiple incidents must carry that specificity for each. A custodian may deny a request that does not.
- Off-duty recordings are treated differently. Under R.S. 44:3(A)(8)(d), footage generated while the officer was not acting within the scope of official duties is not subject to disclosure where release would violate a reasonable expectation of privacy.
R.S. 44:3 also protects the identity of confidential sources and shields records of pending criminal litigation and other investigative material, so an open investigation is the most common reason a police records request in Louisiana stalls.
What the Public Records Law does not cover
Birth, death and marriage certificates are not public records requests. They run through the Louisiana Department of Health's vital records office under a separate eligibility framework tied to your relationship to the person named. Our Louisiana death records guide covers who may order a certified copy and what proof is required.
Federal agency records are not covered either. A request to the FBI, the Social Security Administration or any other federal body runs under 5 U.S.C. 552, with its own 20-working-day clock, its own fee categories and its own administrative appeal. Our guide to filing a federal FOIA request walks through that process.
Information on this page reflects Louisiana law as of August 2026 and is general legal information, not legal advice. Fee schedules, agency contacts and custodian practices change. For advice about a specific denial or a records dispute, consult an attorney licensed in Louisiana.
Frequently Asked Questions
Do I have to be a Louisiana resident to request public records?
Usually not. R.S. 44:31 sets no general residency or citizenship condition, so out-of-state requesters use the same process Louisiana residents use. Two exceptions were added in 2024. R.S. 44:31.1(B)(1), from Acts 2024 No. 638, allows only Louisiana residents to request records of the Office of the Governor. R.S. 44:31.1(A)(1) withholds the right of access from an individual in custody after a felony sentence who has exhausted his appellate remedies, unless the request relates to a claim for post-conviction relief. The other qualification is age, and it reaches only part of the law. R.S. 44:31(B)(1) limits inspecting, copying or reproducing a record to 'any person of the age of majority,' which is 18 in Louisiana, while R.S. 44:31(B)(2) lets 'any person' obtain a copy or reproduction with no age condition.
Can a custodian ask why I want the record?
No. R.S. 44:32(A)(1) allows the custodian to make 'no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person,' and permits the custodian to require you to sign a register. The same subsection does let a custodian ask you to clarify which records you are seeking if the request as written does not identify them. Clarifying scope is not the same as asking your purpose.
How long does a Louisiana agency have to answer?
It depends on the situation. If the record is not in active use, R.S. 44:33(B)(1) says it 'shall be immediately presented.' If it is in active use, the custodian must promptly certify that in writing and set a day and hour within three days, excluding Saturdays, Sundays and legal holidays. Separately, R.S. 44:32(D) requires a written determination within five days, excluding those same days, whenever the custodian raises a question about whether the item is a public record. R.S. 44:35(A) then lets you sue once five such days pass with no written determination and no estimate of the time reasonably necessary to process the request.
What does it cost to get records in Louisiana?
Looking at records normally costs nothing. R.S. 44:32(C)(3) prohibits any fee to examine or review a public record 'except as provided in this Section,' and it specifically bars charging for the review a custodian does to decide whether a record is subject to disclosure, 'except as may be determined by a court of competent jurisdiction.' The main exception within that Section is after-hours access: under R.S. 44:32(A)(1) an examination outside regular office hours is permitted only where the custodian's designated representatives are reasonably compensated out of funds the requester supplies in advance. Copies are different, and the rule depends on the custodian. State-agency copying charges follow the uniform fee schedule the commissioner of administration adopts under R.S. 44:32(C)(2)(a) and R.S. 39:241. Local custodians such as parishes, municipalities, school boards and clerks of court set their own reasonable fees, must post the schedule where the public can readily see it, and may require payment before producing copies. Because local rates vary, ask for the posted schedule before you order a large volume of copies.
Is there a fee waiver if I cannot afford the copies?
Yes, and there are three separate routes. R.S. 44:32(C)(1)(a) is the indigency branch: copies 'may be furnished without charge or at a reduced charge to indigent citizens of this state.' The word 'may' matters, since this is discretionary and the statute sets no application form or income test, so ask the custodian in writing what showing that office wants. R.S. 44:32(C)(2)(a) adds a public-purpose branch for state agencies: the custodian may furnish copies without charge or at a reduced charge where the use of the records will be limited to a public purpose, which is the provision a journalist, researcher or civic group would invoke without claiming indigency. R.S. 44:32(C)(2)(b) is mandatory rather than discretionary, but it is also conditional: copies held by a public postsecondary education institution must be furnished without charge to a student-produced media outlet only where the outlet is affiliated with the institution and is funded in whole or in part by fees levied by the institution or by students enrolled at the institution.
What happens if the agency ignores me or refuses?
R.S. 44:35 sends you to the district court for the parish where the custodian's office is located, seeking a writ of mandamus or injunctive or declaratory relief. The court determines the matter de novo and the burden is on the custodian to sustain the withholding. These suits are 'tried by preference and in a summary manner,' so they move faster than ordinary civil litigation. Under R.S. 44:35(D)(1) a requester who prevails shall be awarded reasonable attorney fees and other costs of litigation, and only a requester who prevails in part is left to the court's discretion. R.S. 44:35(F) then provides that an award for attorney fees in any suit brought under the Chapter shall not exceed the amounts the attorney general approves for the employment of outside counsel. The sanctions in R.S. 44:35(E)(1) split by conduct. Actual damages are available where the court finds the custodian arbitrarily or capriciously withheld the record or unreasonably or arbitrarily failed to respond as R.S. 44:32 requires. Civil penalties of up to $100 per day, exclusive of Saturdays, Sundays and legal public holidays, attach only to a failure to respond, and they run per day of the failure to give notification. Under R.S. 44:35(E)(2) no individual is personally liable for those penalties; the public body pays.
Can I get police body camera video in Louisiana?
Sometimes, and the request has to be narrow. R.S. 44:3(A)(8) exempts body-worn camera video or audio the custodian finds would violate an individual's reasonable expectation of privacy, and such footage is disclosed only on a determination and order from a court of competent jurisdiction under R.S. 44:35. The statute also requires that a request for body camera footage be incident specific and include reasonable specificity as to date, time, location, or persons involved. A request for multiple incidents must carry that same specificity. Footage an officer recorded while not acting within the scope of official duties is not subject to disclosure where release would violate a reasonable expectation of privacy.
Are birth, death and marriage records covered by the Public Records Law?
No. Vital records run through the Louisiana Department of Health's vital records system, not the Public Records Law, and access is limited by relationship and by how old the record is rather than by the open-records presumption. See our guide to Louisiana death records for who may order a certified copy and how.
Are 911 call recordings public in Louisiana?
Emergency call audio sits in a different bucket from ordinary agency paperwork, and the answer turns on whether an investigation is active and whether release would invade privacy. We cover the general framework in Are 911 calls public records?. For a specific Louisiana call, address the request to the parish communications district or the law enforcement agency that holds the recording, and expect the privacy analysis in R.S. 44:3 to shape the response.
Updates
Corrected the scope of Louisiana's right of access, which extends to any person for copies and only imposes an age-of-majority floor on in-person inspection, and tightened the attorney-fee, inspection-fee and student-media provisions to match the statutory text.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Revised Statutes
§ 44:31Right to examine recordsIn force
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.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at legis.la.gov
Cited in 142 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Louisiana courts read R.S. 44:31 to permit denial of access only where a law specifically provides. Capital City Press v. Metro. Council (1997) rejected a privacy balancing test and held public job applications accessible. Elliott v. District Attorney of Baton Rouge (1995) held mail-in requests are a permissible exercise of the right.
Opinions citing this section in our collection:
- Capital City Press v. Metro. Council (Supreme Court of Louisiana 1997, 696 So. 2d 562)✓A newspaper sought the resumes of applicants for an airport assistant director job and the council withheld those who did not consent; the court held La. R.S. 44:31 makes them accessible, rejecting any privacy balancing because no statute exempts public employment applications.
- Elliott v. District Attorney of Baton Rouge (Louisiana Court of Appeal 1995, 95 La.App. 1 Cir. 1804)✓An inmate mailed the district attorney a request for copies of his prosecution file and was told requests must be made in person; the court held La. R.S. 44:31 gives a requester four options, including obtaining a reproduction, and nothing bars mail-in requests.
- In Re Matter Under Investigation (Supreme Court of Louisiana 2009, 15 So. 3d 972)✓News organizations sought the attorney general's Katrina investigative file after a grand jury declined to indict; the court held it is a public record under La. R.S. 44:31 but that La. R.S. 44:3(A)(1) shields it while criminal litigation is reasonably anticipated, and remanded.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 44:32Duty to permit examination; prevention of alteration; payment for overtime; copies provided; feesIn force
A.(1) The custodian shall present any public record to any person of the age of majority who so requests. The custodian shall make no inquiry of any person who applies for a public record, except an inquiry as to the age and identification of the person and may require the person to sign a register and shall not review, examine, or scrutinize any copy, photograph, or memoranda in the possession of any such person; and shall extend to the person all reasonable comfort and facility for the full exercise of the right granted by this Chapter; provided that nothing herein contained shall prevent the custodian from maintaining such vigilance as is required to prevent alteration of any record while it is being examined; and provided further, that examinations of records under the authority of this Section must be conducted during regular office or working hours, unless the custodian shall authorize examination of records in other than regular office or working hours.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Elliott v. District Attorney of Baton Rouge (Louisiana Court of Appeal 1995, 95 La.App. 1 Cir. 1804)“…have a custodian make copies for them, citing as authority La.R.S. 44:32. The District Attorney conceded that th…”
- Alliance for Affordable Energy v. Frick (Louisiana Court of Appeal 1997, 695 So. 2d 1126)“…esearch Corp. v. Rausch, 450 So.2d 933, 936 (La.1984). La. R.S. 44:32(A) requires the custodian to "present a…”
- VANDENWEGHE v. Parish of Jefferson (Louisiana Court of Appeal 2011, 11 La.App. 5 Cir. 52)“…ation in writing by the custodian. La.R.S. 44:35. Moreover, La.R.S. 44:32(A) provides that “[t]he custodian shall…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 44:33Availability of recordsIn forcecited in 2 of our articles
A.(1) When a request is made for a public record to which the public is entitled, the official, clerks of court and the custodian of notarial records in and for the parish of Orleans excepted, who has responsibility for the record shall have the record segregated from other records under his custody so that the public can reasonably view the record. (2) If, however, segregating the record would be unreasonably burdensome or expensive, or if the record requested is maintained in a fashion that makes it readily identifiable and renders further segregation unnecessary, the official shall so state in writing and shall state the location of the requested record. B.(1) If the public record applied for is immediately available, because of its not being in active use at the time of the application, the public record shall be immediately presented to the authorized person applying for it.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- VANDENWEGHE v. Parish of Jefferson (Louisiana Court of Appeal 2011, 11 La.App. 5 Cir. 52)“…557 So.2d 714, 717 (La.App. 4 Cir.1990), citing La.R.S. 44:33(A)(1). La.R.S. 44:33(A)(1) provi…”
- Nungesser v. Brown (Louisiana Court of Appeal 1995, 95 La.App. 1 Cir. 1039)“…tive use and specifies a time for access within three days. La.R.S. 44:33(B). When a request is made, the custodi…”
- Emily Washington v. Leon Cannizzaro (Louisiana Court of Appeal 2021)“…custody so that the public can reasonably view the record.” La. R.S. 44:33(A)(1). Custodians have an additional re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Public Records Laws by State: FOIA Guide for All 50 States (2026)
§ 44:35EnforcementIn forcecited in 2 of our articles
A. Any person who has been denied the right to inspect, copy, reproduce, or obtain a copy or reproduction of a record under the provisions of this Chapter, either by a determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his in-person, written, or electronic request without receiving a determination in writing by the custodian or an estimate of the time reasonably necessary for collection, segregation, redaction, examination, or review of a records request, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located. B. In any suit filed under Subsection A above, the court has jurisdiction to enjoin the custodian from withholding records or to issue a writ of mandamus ordering the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the custodian to sustain his action.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 141 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Landis v. Moreau (Supreme Court of Louisiana 2001, 779 So. 2d 691)“…e. Turning our attention to the instant case, pursuant to La. R.S. 44:35(B), the burden is on defendant to prove…”
- Capital City Press v. Metro. Council (Supreme Court of Louisiana 1997, 696 So. 2d 562)“…urt also denied plaintiffs' request for attorney fees under La. R.S. 44:35. Plaintiffs appealed and the first ci…”
- Elliott v. District Attorney of Baton Rouge (Louisiana Court of Appeal 1995, 95 La.App. 1 Cir. 1804)“…asking that his suit be tried by preference as required by La.R.S. 44:35(C). [2] The District Attorney filed a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Police Bodycam Laws (2026): Retention & Records
§ 44:3Records of prosecutive, investigative, and law enforcement agencies and communications districtsIn forcecited in 10 of our articles
A. Nothing in this Chapter shall be construed to require disclosures of records, or the information contained therein, held by the offices of the attorney general, district attorneys, sheriffs, police departments, Department of Public Safety and Corrections, Department of Wildlife and Fisheries, marshals, investigators, public health investigators, correctional agencies, communications districts, intelligence agencies, Council on Peace Officer Standards and Training, Louisiana Commission on Law Enforcement and Administration of Criminal Justice, or publicly owned water districts of the state, which records are: (1) Records pertaining to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled, except as otherwise provided in Subsection F of this Section; or (2) Records containing the identity of a confidential source of information or records which would tend to reveal the identity of a confidential source of information; or (3) Records containing security procedures, investigative training information or aids, investigative techniques, investigative technical equipment or…
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legis.la.gov
Cited in 104 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):In Re Matter Under Investigation (2009) held La. R.S. 44:3(A)(1)'s criminal-litigation exception is temporary and that whether litigation is reasonably anticipated must be decided case by case at a contradictory hearing on objective factors; Cormier (1989) held initial officer reports under 44:3(A)(4)(a) are public records.
Opinions citing this section in our collection:
- In Re Matter Under Investigation (Supreme Court of Louisiana 2009, 15 So. 3d 972)✓News organizations sought the Attorney General's file on deaths at a New Orleans hospital after Hurricane Katrina; the court held section 44:3(A)(1) exempts records pertaining to reasonably anticipated criminal litigation and remanded for a hearing on objective factors.
- Cormier v. PUBLIC RECORDS REQUEST OF GIULIO (Supreme Court of Louisiana 1989, 553 So. 2d 806)✓A requester sought a sheriff's initial police reports in several cases; the court held section 44:3(A)(4)(a) makes the investigating officer's initial report a public record, ordered the reports produced, and required an evidentiary hearing on the withheld misconduct letters.
- Innocence Project New Orleans v. New Orleans Police Department (Louisiana Court of Appeal 2013, 2013 La.App. 4 Cir. 0921)✓A nonprofit sought NOPD files on an arrest whose conviction became final in 1993; the court treated the section 44:3(A)(4)(a) exemption as temporal, ending once no further litigation is forthcoming, and upheld fees and a penalty against the custodian who ignored the request.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Recording Laws (2026): One-Party Consent Rules, Louisiana Laws on Recording Police: Your Rights and the Buffer Zone Law, Louisiana Video Recording Laws: Surveillance Rules and Privacy Limits
United States Code Title 5
§ 552Public information; agency rules, opinions, orders, records, and proceedingsIn forcecited in 38 of our articles
Each agency shall make available to the public information as follows: Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and each amendment, revision, or repeal of the foregoing.
Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 11,434 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):United States Department of Justice v. Reporters Committee for Freedom of the Press (1989) held categorically that releasing a private citizen's FBI rap sheet to a third party is an unwarranted privacy invasion under Exemption 7(C). Consumer Product Safety Commission v. GTE Sylvania, Inc. (1980) applied Exemption 3, 552(b)(3).
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…Pub. L. 93-502, § 1 (b) (2), 88 Stat. 1561 (amending 5 U. S. C. § 552 (a)); Packers and Stockyards Act, 42…”
- Consumer Product Safety Commission v. GTE Sylvania, Inc. (Supreme Court of the United States 1980, 447 U.S. 102)✓Consumer groups filed FOIA requests for accident reports manufacturers had given the CPSC as confidential; the Court held that the Consumer Product Safety Act's section 6(b)(1) applies to FOIA requests and that its standards fall within Exemption 3, 5 U.S.C. § 552(b)(3).
- Taylor v. Sturgell (Supreme Court of the United States 2008, 553 U.S. 880)✓An aircraft enthusiast made a FOIA request for FAA records after a friend's identical suit failed; the Court disapproved preclusion by 'virtual representation' and read § 552(a)(3)(A) as directing agencies to release records to the requesting person, not the public at large.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How to File a FOIA Request (Step by Step, 2026), Virginia Freedom of Information Act: Who Can Request and How (2026), West Virginia Freedom of Information Act: Requests and Fees (2026)
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Sources and References
- Louisiana State Legislature: La. R.S. 44:31, right of access to public records(legis.la.gov).gov
- Louisiana State Legislature: La. R.S. 44:32, duty to permit examination, copies provided, fees(legis.la.gov).gov
- Louisiana State Legislature: La. R.S. 44:33, immediate production and the three-day certificate(legis.la.gov).gov
- Louisiana State Legislature: La. R.S. 44:35, enforcement, de novo review, attorney fees and civil penalties(legis.la.gov).gov
- Louisiana State Legislature: La. R.S. 44:3, law enforcement records and the body-worn camera exemption(legis.la.gov).gov
- Louisiana State Legislature: La. R.S. 44:31.1, exceptions for incarcerated requesters and Office of the Governor records(legis.la.gov)