Art. 1435.Deposition Taken In Another State, Or In a Territory, District, Or Foreign Jurisdiction; Exceptions; Nonresident Insurance Claims Adjusters
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2022 · Last verified July 30, 2026
In one sentenceArticle 1435 provides that when a witness for a Louisiana deposition is found outside the state, the law of that place governs how the witness's appearance can be compelled, and separately requires a nonresident insurance claims adjuster who came to Louisiana in person to adjust a covered claim to appear personally at trial, though that adjuster can still be deposed remotely.
A. If the witness whose deposition is to be taken is found in another state, or in a territory, district, or foreign jurisdiction, the law of the place where the deposition is to be taken shall govern the compulsory process to require the appearance and testimony of witnesses, but otherwise the provisions of this Chapter or of R.S.13:3823 shall be applicable to such a deposition.
B.
(1)Notwithstanding any other provision of law to the contrary, an insurance claims adjuster who is not a resident of Louisiana but who has made a physical appearance in the state in order to adjust an insurance claim which is the subject of a civil suit shall be required to appear in person in the parish or venue in which the civil suit is pending and to testify at the trial on the merits.
(2)A nonresident insurance claims adjuster subject to the provisions of Subparagraph (1) of this Paragraph shall be available for deposition via telephone or video teleconference. A deposition taken via telephone or video teleconference shall not be admissible as testimony at trial other than for the purpose of impeachment, or upon the showing of death or incapacity of the deponent.
(3)For purposes of this Article, "insurance claims adjuster" shall have the same meaning as "adjuster" as defined in R.S.22:1661.
C. Paragraph B of this Article shall not apply to any insurance claims adjuster for an insurer domiciled in Louisiana.
Louisiana can't compel compliance beyond its own borders. When the person to be deposed is found in another state, a territory, a foreign jurisdiction, or the federal system, the compulsory-process law of that place governs whether and how the witness can be made to appear and testify. Everything else about the deposition still follows this Chapter, or the separate interstate-deposition statute, R.S. 13:3823.
Paragraph B adds a distinct, consumer-oriented rule for nonresident insurance claims adjusters. An adjuster who isn't a Louisiana resident but who physically came to Louisiana to adjust a claim that's now the subject of a civil suit can't rely on living out of state to avoid trial -- that adjuster has to appear in person, in the parish where the suit is pending, and testify at trial. Before trial, though, the same adjuster only has to sit for a deposition by telephone or video teleconference, and that remote deposition can't be used as trial testimony except to impeach the adjuster, or if the adjuster has since died or become incapacitated.
None of this special adjuster treatment applies to an adjuster working for an insurer domiciled in Louisiana -- that insurer, and its adjusters, are already at home in the state's courts.
Frequently Asked Questions
Can Louisiana force a witness who lives in another state to appear for a deposition?
No. The law of the place where the witness is found governs the compulsory process available to require that witness's appearance and testimony.
Does an out-of-state insurance adjuster have to testify at trial in Louisiana?
Yes, if that adjuster physically came to Louisiana in person to adjust the claim at issue -- they must appear personally at trial in the parish where the suit is pending.
Can a nonresident adjuster be deposed remotely instead of appearing in person before trial?
Yes, by telephone or video teleconference, though that deposition can't be used as trial testimony except for impeachment or if the adjuster later dies or becomes incapacitated.
Does this special adjuster rule apply to every insurance company's adjusters?
No. Paragraph C excludes any adjuster for an insurer domiciled in Louisiana from these requirements.
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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