No subpoena shall issue until the party who wishes to subpoena the witness first deposits with the clerk of court a sum of money sufficient to pay all fees and expenses to which the witness is entitled by law.
Art. 1353.Prepayment of Fees
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 1. Subpoenas · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1353 blocks a subpoena from issuing at all until the party who wants it deposits with the clerk enough money to cover all the fees and expenses the witness is entitled to by law.
Full Text of Art. 1353
Plain-English Summary
Compelling someone to appear in court costs that witness time and money, and Louisiana law entitles a witness to fees and expenses in exchange for showing up. Article 1353 makes sure those costs are covered up front rather than left for later: no subpoena can issue until the requesting party deposits, with the clerk of court, a sum sufficient to pay everything the witness is owed by law.
This deposit requirement works alongside Article 1352's cross-reference to Revised Statutes 13:3661, which supplies the specifics of what a witness is entitled to. Article 1353 states the procedural consequence of that entitlement: the clerk won't issue the subpoena at all without the money in hand first, rather than issuing it and leaving collection of the witness's fee to chance.
For a party preparing to subpoena a witness, this means budgeting for the deposit before requesting the subpoena, and checking with the clerk of court about the amount required, since the subpoena itself won't move without it.
Frequently Asked Questions
Do I have to pay a witness before subpoenaing them in Louisiana?
Yes, in the sense that Article 1353 requires depositing sufficient funds with the clerk of court to cover the witness's fees and expenses before the subpoena can issue at all.
What happens if I don't prepay the witness fee?
The subpoena won't issue. Article 1353 makes the deposit a condition to issuance, not an afterthought to be resolved once the witness has already been compelled to appear.
How do I find out how much I need to deposit?
The clerk of court can specify the amount, calculated to cover the fees and expenses the witness is entitled to by law, including the requirements referenced in Article 1352 through Revised Statutes 13:3661.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: louisiana witness fee depositarticle 1353 louisianasubpoena prepayment louisianawitness fees and expenses louisiana civil procedurelouisiana subpoena deposit requirement