A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in a court in which the anticipated action might be brought. The petition shall be entitled in the name of the petitioner and shall show:
Art. 1429.Perpetuation of Testimony; Petition
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Enacted 1976 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1429 lets someone who isn't yet able to file a lawsuit but expects to become a party petition the court to take a deposition ahead of time, preserving testimony that might otherwise be lost before the anticipated case can get underway.
Full Text of Art. 1429
(1) That the petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought.
(2) The subject matter of the expected action and his interest therein.
(3) The facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it.
(4) The names or a description of the persons he expects will be adverse parties and their addresses so far as known.
(5) The names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony.
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
"Perpetuation of testimony" is a way to lock in evidence before a lawsuit even exists. Picture a witness who's elderly or seriously ill, or evidence that risks disappearing before a case can be filed and reach the discovery stage -- waiting for the ordinary process to catch up could mean losing the testimony for good. Article 1429 lets someone who expects to become a party get ahead of that risk by petitioning a court, before suit is filed, for permission to take a deposition.
The petition has to be verified and filed in a court where the anticipated action might be brought, and it has to show five things: that the petitioner expects to be a party to an action but presently can't bring it; the subject matter of that expected action and the petitioner's interest in it; the facts the petitioner wants to establish and why perpetuating them now is necessary; the names or a description of the expected adverse parties and their addresses, so far as known; and the names and addresses of the people to be examined along with the substance of what they're expected to say.
The petition asks for an order authorizing those depositions. What happens next -- notice to the expected adverse parties, a hearing, and the actual taking of testimony -- is governed by Articles 1430 and 1431.
Frequently Asked Questions
What does 'perpetuation of testimony' mean under Louisiana law?
It's a procedure for preserving a witness's testimony before a lawsuit is filed or fully underway, used when the testimony might otherwise be lost to death, illness, or another risk before the case can proceed normally.
Can I use this device if I haven't filed a lawsuit yet?
Yes. Article 1429 is written specifically for someone who expects to be a party to a future action but can't presently bring it.
What has to be in a petition to perpetuate testimony?
The petitioner's expected role in a future suit, the subject matter and the petitioner's interest in it, the facts to be established and why, the expected adverse parties and their addresses, and the people to be examined and what they're expected to say.
Who typically uses this procedure?
Someone concerned that a key witness or piece of evidence won't survive, or won't be available, by the time an anticipated lawsuit is finally filed and reaches ordinary discovery.
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: perpetuation of testimony louisianapreserve testimony before lawsuit fileddeposition before filing suit louisianapetition to perpetuate testimony louisianadeposition to perpetuate testimony