Art. 1426.1.Stay of Discovery In Civil Matters By a District Attorney In a Related Criminal Matter
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2017 · Last verified July 30, 2026
In one sentenceArticle 1426.1 lets a district attorney ask the court handling a related civil lawsuit to pause discovery, after a hearing, when that discovery would interfere with an ongoing criminal investigation or prosecution of the same conduct, and excludes the stayed time from Louisiana's three-year abandonment clock.
Full Text of Art. 1426.1
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A. Upon motion of the district attorney in a criminal proceeding, a court having jurisdiction over any related pending civil action or proceeding may, in the interests of justice and for good cause shown after a contradictory hearing with all parties in the civil action, stay all or a portion of discovery sought in such civil action or proceeding. The contradictory hearing shall be held by the court in the civil action within thirty days of the filing of the motion. Good cause shall include but not be limited to a finding by the court that such discovery will adversely affect the ability of the district attorney to conduct a related criminal investigation or the prosecution of a related felony criminal case.
B. No provision of this Article shall prohibit a party to the stayed discovery proceeding from moving to have the stay subsequently lifted for good cause.
C. Within thirty days after disposition in the trial court of the related criminal prosecution, in any matter where a stay has issued, the district attorney shall file an ex parte motion consenting to the termination of the stay.
D. The time during which the civil proceeding is stayed pursuant to this Article shall not be used to compute the three-year abandonment period of the civil matter.
The same events can give rise to both a criminal prosecution and a civil lawsuit -- a crime victim suing over the same incident a district attorney is prosecuting, for example. Civil discovery in that situation can hand a criminal defendant an early look at the state's case, or force witnesses to give testimony twice on the same facts before the criminal matter is resolved. Article 1426.1 lets the district attorney ask the civil court to press pause.
The district attorney moves for a stay, and the court has to hold a contradictory hearing with all the civil parties within thirty days of the motion. Good cause includes, but isn't limited to, a finding that the discovery would hurt the district attorney's ability to investigate or prosecute a related felony. The stay can cover all of the civil discovery or just part of it, a civil party can still move to lift it for good cause, and once the criminal case is resolved in the trial court, the district attorney has thirty days to move to end the stay.
Louisiana dismisses a civil case as abandoned, under Article 561, if no step is taken toward prosecuting or defending it for three years. Paragraph D makes sure a stay obtained at the district attorney's own request doesn't quietly run out that clock against the civil parties while they're waiting on the criminal case to finish.
Frequently Asked Questions
Why would a district attorney want to pause discovery in someone else's civil lawsuit?
To keep civil discovery from revealing the state's evidence or theory early, or from otherwise interfering with a related criminal investigation or prosecution.
How does a district attorney get a civil discovery stay under this article?
By motion, followed by a contradictory hearing with all the civil parties within thirty days, and a showing of good cause -- including, but not limited to, that the discovery would hurt the related criminal case.
Can a civil party fight a discovery stay requested by the district attorney?
Yes. Paragraph B lets any party to the stayed discovery move to have the stay lifted for good cause.
Does a discovery stay under this article count against Louisiana's three-year abandonment rule?
No. Paragraph D excludes the time the case is stayed under this article from the three-year abandonment period.
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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