If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this Chapter; and the court may make orders of the character provided for by Articles 1461 through 1465. For the purpose of applying the provisions of this Chapter to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.
Art. 1431.Order and Examination; 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 1431 directs the court, once satisfied that perpetuating testimony may prevent a failure or delay of justice, to issue an order naming who may be deposed and the subject matter, with the deposition then taken under the same rules that govern ordinary depositions.
Full Text of Art. 1431
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Before authorizing a perpetuation deposition, the court has to be satisfied that perpetuating the testimony may prevent a failure or delay of justice. If it is, the resulting order designates or describes the people whose depositions may be taken, specifies the subject matter of the examination, and states whether it will proceed by oral examination or written interrogatories.
From there, the deposition itself follows the same rules that govern any other deposition under this Chapter, and the court can enter the same kinds of orders it could in a pending case, referencing the discovery-order provisions in Articles 1461 through 1465.
One wrinkle is worth flagging: since there's no pending action yet when this procedure is used, Article 1431 redefines "the court in which the action is pending," wherever that phrase appears in this Chapter, to mean the court where the perpetuation petition itself was filed.
Frequently Asked Questions
What does a Louisiana court have to find before ordering testimony perpetuated?
That perpetuating the testimony may prevent a failure or delay of justice.
What rules govern how the deposition itself is taken?
The same Chapter 3 deposition rules that apply to a deposition taken in an already-pending case, including the discovery-order provisions in Articles 1461 through 1465.
There's no lawsuit filed yet -- which court's orders control the deposition?
The court where the perpetuation petition was filed stands in for "the court in which the action is pending" for purposes of this Chapter.
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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