If agreed upon by every party to an action or if ordered by the court, a deposition may be taken by telephone or other remote electronic means.
Art. 1436.1.Depositions By Telephone
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2024 · Last verified July 30, 2026
In one sentenceArticle 1436.1 permits a deposition to be taken by telephone or other remote electronic means whenever every party agrees to it, or the court orders it.
Full Text of Art. 1436.1
Amendment History
Amended by Acts 2024, No. 371, §1, eff. 8/1/2024. Acts 1986, No. 205, §1; Acts 2003, No. 545, §1.
Plain-English Summary
Article 1436.1 sets a simple rule with two paths to a remote deposition: unanimous agreement of every party to the action, or an order from the court. Either one is enough on its own, and the article isn't limited to phone calls -- it also covers other remote electronic means, such as video platforms.
The practical value is obvious once you picture the alternative: avoiding travel costs, easing scheduling conflicts, and, as Article 1435 shows for nonresident insurance adjusters, making it far easier to depose someone who's outside Louisiana or otherwise has trouble appearing in person.
This provision fits inside the broader stipulation power in Article 1436 -- a remote deposition is one specific example of the kind of procedural agreement parties are already free to reach for depositions generally. It gets its own article because a court can also order it unilaterally, without waiting for the parties to agree.
Frequently Asked Questions
Do all parties have to agree before a deposition can be taken by phone or video?
Not necessarily. Either unanimous agreement of the parties or a court order is enough on its own under Article 1436.1.
Does this article cover video depositions or only telephone calls?
It also covers "other remote electronic means," which includes video teleconferencing platforms.
Can a court order a remote deposition over one party's objection?
Yes. A court order is an independent basis for a remote deposition, not conditioned on the parties' agreement.
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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