A. Proof of service of a notice to take a deposition or of a notice of inspection under Article 1463 constitutes sufficient authorization for issuance by the clerk or judge of the district court wherein the action is pending of subpoenas and subpoenas duces tecum. B. Subpoenas and subpoenas duces tecum compelling the appearance of a witness who is not a party shall be served within a reasonable period of time before the time specified for the deposition. C. All provisions applicable to subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued under the provisions of this Article, except as otherwise provided by law.
Art. 1356.Subpoenas and Subpoenas Duces Tecum For Depositions Or Inspections
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 1. Subpoenas · Last amended 1995 · Last verified July 30, 2026
In one sentenceArticle 1356 lets the clerk or judge issue a subpoena or subpoena duces tecum for a deposition or inspection once proof of the underlying notice is on file, requires reasonable advance service on a non-party witness, and applies this chapter's ordinary subpoena rules to those subpoenas as well.
Full Text of Art. 1356
Amendment History
Amended by Acts 1968, No. 116, §1; Acts 1995, No. 410, §1; Acts 1995, No. 1068, §1, eff. 6/29/1995.
Plain-English Summary
Depositions and inspections need their own subpoenas to compel a non-party's participation, and Article 1356 explains where the authority to issue one comes from. Under Paragraph A, filing proof of service of a notice to take a deposition, or a notice of inspection under Article 1463, is itself enough authorization for the clerk or judge of the district court where the case is pending to issue a subpoena or subpoena duces tecum for that deposition or inspection. No separate court order is required beyond that proof already being in the record.
Paragraph B protects a non-party witness's need for lead time: a subpoena or subpoena duces tecum compelling that witness's appearance has to be served within a reasonable period before the deposition itself, rather than sprung on the witness at the last moment.
Paragraph C ties the rest of the chapter back in. Every rule that applies to subpoenas and subpoenas duces tecum generally, issuance, restrictions, fee prepayment, the objection and production mechanics, service, reissuance, and the consequences of noncompliance, applies equally to a subpoena issued under this article, unless some other law provides differently.
Frequently Asked Questions
Do I need a separate court order to subpoena someone for a deposition?
No. Filing proof of service of the deposition notice, or a notice of inspection under Article 1463, is itself sufficient authorization for the clerk or judge to issue the subpoena.
How much advance notice does a non-party witness get for a deposition subpoena?
Article 1356 requires service within a reasonable period of time before the deposition, without setting a fixed number of days, so what counts as reasonable depends on the circumstances.
Do the same rules that apply to trial subpoenas apply to deposition subpoenas?
Yes. Paragraph C applies all the provisions governing subpoenas and subpoenas duces tecum generally to those issued for depositions or inspections, except where another law provides otherwise.
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
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