Louisiana Revised Statutes & Codes

La. Rev. Stat. § 44:34 (2026)

If any public record applied for by any authorized person is not in the custody or control of the person to whom the application is made, such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of his knowledge and belief, the reason for the absence of the record from his custody or control, its location, what person then has custody of the record and the manner and method in which, and the exact time at which it was taken from his custody or control. He shall include in the certificate ample and detailed answers to inquiries of the applicant which may facilitate the exercise of the right granted by this Chapter.

✓ current as of May 2026

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§34. Absence of records

If any public record applied for by any authorized person is not in the custody or control of the person to whom the application is made, such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of his knowledge and belief, the reason for the absence of the record from his custody or control, its location, what person then has custody of the record and the manner and method in which, and the exact time at which it was taken from his custody or control. He shall include in the certificate ample and detailed answers to inquiries of the applicant which may facilitate the exercise of the right granted by this Chapter.

Amended by Acts 1978, No. 686, §1.

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1994–2024 · leading case: Muhammad v. Off. of the Dist. Attorney ex rel. Par. of St. James, 191 So. 3d 1149 (La. Ct. App. 2016).

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Muhammad v. Off. of the Dist. Attorney ex rel. Par. of St. James, 191 So. 3d 1149 (La. Ct. App. 2016). · cites it 10× “R.S. 44:34. Wherefore, plaintiff urged the trial' court to find the District Attorney guilty of contempt and order.”

Hatcher v. Rouse, 211 So. 3d 431 (La. Ct. App. 2017). · cites it 4× “R.S 44:34. |8The record reflects that Mr.”

Chandler v. Ouachita Par. Sherrif's Off., 121 So. 3d 1216 (La. Ct. App. 2013). · cites it 8× “R.S. 44:34 to explain the absence of requested records from its custody or control.”

VANDENWEGHE v. Par. of Jefferson, 70 So. 3d 51 (La. Ct. App. 2011). · cites it 4× “R.S. 44:34, which states: If any public record applied for by any authorized person is not in the custody or control of the person to whom the application is made, such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail…”

All. for Affordable Energy v. Frick, 695 So. 2d 1126 (La. Ct. App. 1997). · cites it 5× “R.S. 44:34, but did not order production of documents which Frick claimed were not in her custody.”

Muhammad v. Babin, 241 So. 3d 1231 (La. Ct. App. 2018). · cites it 2× “R.S. 44:34. Wherefore, plaintiff urged the court to find the District Attorney guilty of contempt and order the District Attorney to produce the records in compliance with the district court's order.”

Kyle v. Perrilloux, 868 So. 2d 27 (La. Ct. App. 2003). “R.S. 44:34. This supports the presumption that the copies of the work papers in his possession were in his custody or control.”

Louisiana Capital Assistance Ctr. v. Dinvaut, 207 So. 3d 1187 (La. Ct. App. 2016). · cites it 3× “R.S. 44:34 is without merit. In its judgment, the trial court recognized and the record reflects that both the petition for mandamus and the motion for fees and costs were set for hearing on April 22, 2016.”

Fussell v. Reed, 664 So. 2d 1214 (La. Ct. App. 1995). “R.S. 44:34 (emphasis added). The trial court dismissed plaintiff's suit based on nothing more than Tosterud's letter.”

McKay v. State, Div. Admin., 143 So. 3d 510 (La. Ct. App. 2014). · cites it 2× “R.S. 44:34, the district attorney did not deny having custody or control of the requested records, and he did not make a written certification of their absence from his custody with the reason for their absence and naming the present custodian.”

Marler v. Reed, 638 So. 2d 1164 (La. Ct. App. 1994). “" If the public record applied for is not in the custody or control of the person to whom the application is made, LSA-R.S. 44:34 provides, "such person shall promptly certify this in writing to the applicant, and shall in the certificate state in detail to the best of his…”

Hunter v. Pennington, 726 So. 2d 1082 (La. Ct. App. 1999). “R.S. 44:34. We disagree. The statute provides that if a requested public record is not in the custody of the official from whom it is sought, the public official shall state in writing "to the best of his knowledge and belief, the reason for the absence of the record from his…”

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