If the public record applied for is available at the time of the request, the custodian must produce the record immediately.

If the public record applied for is not immediately available either because of its being in active use at the time of the application or if the record must be segregated to be reasonably viewed, the custodian has three days, exclusive of Saturdays, Sundays, and legal public holidays, to respond to the records request by certifying, in writing, that the record is not immediately available and in his certificate must fix a day and hour for when the records will be available for inspection. R.S. 44:33.

The five day timeline provides a bright line for when the requestor may file suit in court against the custodian when the custodian has not responded to the records request. R.S. 44:35 Any person who has been denied the right to inspect, copy, reproduce, or obtain a copy or reproduction of a record, 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.