The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served as provided in Article 1314; but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise, and shall appoint, for persons not served in the manner provided in Article 1314, an attorney who shall represent them, and, in case they are not otherwise represented, shall cross examine the deponent. If any expected adverse party is a minor or incompetent the court shall appoint an attorney to represent him.
Art. 1430.Notice and Service of Petition; Perpetuation of Testimony
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 1430 requires the petitioner in a perpetuation-of-testimony proceeding to serve notice and a copy of the petition on each expected adverse party at least twenty days before the hearing, and directs the court to appoint an attorney for anyone who can't be served, or who is a minor or incompetent.
Full Text of Art. 1430
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Once a petition to perpetuate testimony is filed, Article 1430 requires the petitioner to serve each person named as an expected adverse party with notice and a copy of the petition, stating when and where the petitioner will ask the court for the order the petition describes. That service follows the method in Article 1314, and it has to happen at least twenty days before the hearing date.
Sometimes an expected adverse party can't be found despite due diligence. In that situation, the court can order service by publication or another method, and has to appoint an attorney to represent anyone who wasn't personally served. That appointed attorney's role includes cross-examining the deponent at the actual deposition, standing in for the interests of someone who never received notice.
A separate, unconditional protection applies whenever an expected adverse party is a minor or incompetent: the court appoints an attorney to represent them regardless of whether service was successfully made.
Frequently Asked Questions
How much notice does an expected adverse party get before a perpetuation-of-testimony hearing?
At least twenty days, served with a copy of the petition using the method set out in Article 1314.
What happens if the expected adverse party can't be located?
The court can order service by publication or another method, and has to appoint an attorney to represent that person.
What does the court-appointed attorney do at the deposition?
Represents the absent party's interests, including cross-examining the deponent whose testimony is being perpetuated.
Is a minor or incompetent expected adverse party treated differently?
Yes. The court appoints an attorney to represent them regardless of whether service was ever successfully made.
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: notice perpetuation of testimony louisianaservice of petition to perpetuate testimonycourt appointed attorney deposition louisianacross examine deponent perpetuation testimony