Unless the court orders otherwise and except as provided by Article 1425, the parties may by written stipulation provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions, and modify the procedures provided by these rules for other methods of discovery. A witness who is a resident of this state may be required to attend an examination to take his deposition only in the parish in which he resides or is employed or transacts his business in person, or at such other convenient place as may be fixed by order of court. A witness who is a nonresident of this state, but is temporarily in this state, may be required to attend an examination to take his deposition only in the parish where he is served with a subpoena or at such other convenient place as may be fixed by order of court.
Art. 1436.Stipulations; Manner of Taking; Modification of Procedures
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 1436 lets parties agree by written stipulation to take depositions before any person, at any time or place, on any notice, and to modify the Chapter's ordinary discovery procedures generally -- except for the expert-disclosure rules in Article 1425 -- while also fixing where resident and temporarily present nonresident witnesses can be required to attend.
Full Text of Art. 1436
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Parties don't have to follow this Chapter's default deposition mechanics if they'd rather agree to something else. By written stipulation, they can pick a different officer, a different time or place, informal notice, or any other manner of taking the deposition, and the result is used just like any other deposition. That same stipulation power reaches beyond depositions -- parties can agree to modify the procedures for other discovery methods too.
There's one carve-out: Article 1425's expert-disclosure procedure sits outside that flexibility. Parties can't stipulate their way around the report and disclosure requirements built for expert testimony.
Absent a stipulation, Article 1436 sets the default rules for where a witness has to attend. A Louisiana resident can be required to attend only in the parish where they reside, are employed, or transact business in person, or at another convenient place the court sets. A nonresident who happens to be temporarily in Louisiana can be required to attend only in the parish where they were served with a subpoena, or at another convenient place the court sets.
Frequently Asked Questions
Can the parties agree to take a deposition somewhere other than the default location?
Yes. By written stipulation, parties can agree to any person, time, place, or notice for taking a deposition.
Are there limits on what discovery procedures parties can modify by agreement?
Yes. Parties can't use a stipulation to modify Article 1425's expert-disclosure procedure.
Where can a Louisiana resident be required to attend their own deposition?
Only in the parish where they reside, are employed, or conduct business in person, or at another convenient place the court sets.
Where can a nonresident witness who's temporarily in Louisiana be deposed?
Only in the parish where they were served with a subpoena, or at another convenient place the court sets.
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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