A. If an appeal has been taken from a judgment of a district court or before the taking of an appeal if the time has not expired, the district court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the district court. In such case the party who desires to perpetuate the testimony may make a motion in the district court for leave to take the depositions, upon the same notice and service thereof as if the action was pending in the district court. The motion shall show:
Art. 1433.Deposition After Trial
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 1990 · Last verified July 30, 2026
In one sentenceArticle 1433 lets a district court allow depositions after judgment -- while an appeal is pending or before the appeal deadline runs -- to preserve testimony for further trial-court proceedings, and separately lets a judgment creditor depose a third person to help execute the judgment.
Full Text of Art. 1433
(1) The names and addresses of persons to be examined and the substance of the testimony which he expects to elicit from each.
(2) The reasons for perpetuating their testimony. B. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for in Articles 1461 through 1465, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in this Chapter for depositions taken in actions pending in the court. C. In aid of execution of the judgment, the district court in which the judgment was rendered may, upon motion of the judgment creditor, allow the taking of a third person's deposition, as provided in Article 2451, upon the same notice and service thereof as if the action was pending in the district court. The person whose deposition is so ordered shall be reimbursed by the judgment creditor for the reasonable costs incurred or to be incurred in the course of complying with the order, including document reproduction costs and travel expenses.
Amendment History
Acts 1976, No. 574, §1; Acts 1990, No. 1000, §1.
Plain-English Summary
Article 1433 bundles two distinct post-judgment tools. The first lets a party preserve testimony for possible further proceedings back in the district court -- if the case returns on remand, for example. Once judgment has been rendered, either while an appeal is pending or before the appeal deadline has run, the party who wants to perpetuate testimony can move in the district court for leave to take depositions, using the same notice and service as if the case were still pending. The motion has to identify the witnesses, the substance of their expected testimony, and the reasons for perpetuating it, and the court can grant it once it finds perpetuation proper to avoid a failure or delay of justice, applying the same discovery-order provisions available under Articles 1461 through 1465.
The second tool, in Paragraph C, is aimed at collecting on a judgment already won. In aid of execution, the district court that rendered the judgment can let the judgment creditor depose a third person, using the debtor-examination procedure in Article 2451, to track down what the judgment debtor owns. The third person deposed this way is reimbursed by the judgment creditor for reasonable costs incurred, including document reproduction and travel expenses.
Most of this Chapter assumes a case still being actively litigated. Article 1433 recognizes that the need to preserve testimony, or to dig up assets to satisfy a judgment, doesn't necessarily end the moment judgment is signed.
Frequently Asked Questions
Can testimony still be perpetuated after a judgment has already been rendered?
Yes, while an appeal is pending or before the appeal deadline expires, for use in further proceedings in the district court.
What does a party have to show to get leave for a post-judgment deposition?
The names and addresses of the witnesses, the substance of their expected testimony, and the reasons for perpetuating it; the court also has to find perpetuation proper to avoid a failure or delay of justice.
Can a judgment creditor depose someone who isn't a party to find the debtor's assets?
Yes. Paragraph C lets the judgment creditor depose a third person, using the debtor-examination procedure in Article 2451, in aid of executing the judgment.
Who pays the costs of a third person deposed to help collect a judgment?
The judgment creditor reimburses that person's reasonable costs, including document reproduction and travel expenses.
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: deposition after judgment louisianapost trial deposition louisianajudgment debtor examination depositionthird person deposition to collect judgment