After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of fifteen days after service of citation upon any defendant, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery, or if special notice is given as provided in Article 1439. The attendance of witnesses may be compelled by the use of subpoena as for witnesses in trials. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
Art. 1437.Deposition Upon Oral Examination; When Deposition May Be Taken
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 1437 lets any party depose any person, including another party, once a lawsuit has begun, but requires the plaintiff to get leave of court before deposing a defendant within the first fifteen days after service of citation unless one of two exceptions applies.
Full Text of Art. 1437
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Once a suit is filed, Article 1437 opens the door to oral depositions. Any party can take testimony from any person connected to the case, including an opposing party, and a subpoena can compel a witness who would rather not show up. This is the starting gate for the entire deposition chapter that follows.
The article puts one brake on that power: a plaintiff cannot rush to depose a defendant in the first fifteen days after that defendant is served with citation, unless the court grants leave. The delay gives a newly served defendant time to find a lawyer before facing questions under oath. That protection falls away, though, if the defendant has already served their own deposition notice or otherwise sought discovery — at that point the defendant has shown they are ready to litigate — or if the plaintiff gives the special notice described in Article 1439 for a witness about to leave the state.
A separate rule guards a different kind of vulnerable witness: a person confined in prison can be deposed only with leave of court, on whatever terms the court sets, reflecting the extra logistics and oversight that come with taking testimony from someone in custody.
Frequently Asked Questions
Can a party depose the opposing party in a Louisiana lawsuit?
Yes. Article 1437 allows any party to take the deposition of any person connected to the case, including another party, once the action has been filed.
Does a plaintiff need a judge's permission to schedule a deposition right away?
Only if the plaintiff wants to depose a defendant within fifteen days after that defendant was served with citation. Outside that window, or once an exception applies, no leave of court is needed.
What if the defendant has already requested discovery of their own?
Then the fifteen-day waiting period does not apply. A defendant who has served a deposition notice or sought other discovery has shown readiness to litigate, so the plaintiff may proceed without leave of court.
Can you depose a witness who is in prison?
Yes, but only with leave of court, and only on the terms the court prescribes for that particular deposition.
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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