A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. The court may for cause shown lengthen or shorten the time for taking the deposition.
Art. 1438.Notice of Examination; Time and Place; Subpoena Duces Tecum
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 1438 requires the party who wants to take an oral deposition to give every other party reasonable written notice stating the time, place, and identity of the witness, and to attach any subpoena duces tecum's document list to that notice.
Full Text of Art. 1438
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Before a deposition can happen, the party who wants it has to tell everyone else in the case. Article 1438 requires reasonable written notice naming the time and place of the deposition and the person to be examined. If that person's name is not yet known — a records custodian at a company, for instance — the notice can instead describe the class or group the witness belongs to, closely enough that the other parties can tell who is being called.
When the deposition comes with a subpoena duces tecum ordering the witness to bring documents, the list of what must be produced has to be attached to, or included in, the notice itself. That way no party is surprised at the deposition table by a document demand nobody saw coming.
What counts as reasonable notice is not fixed by the article; it depends on the circumstances. The court can lengthen or shorten the notice period for cause, giving flexibility when a witness's schedule, an approaching deadline, or some other practical wrinkle calls for it.
Frequently Asked Questions
What information must a Louisiana deposition notice include?
The time and place of the deposition and the name and address of the person to be examined, or a description sufficient to identify that person or the group they belong to if the name is not yet known.
What if the party noticing the deposition does not yet know the witness's name?
The notice can identify the witness by a general description or by the particular class or group to which they belong, rather than by name.
How does a subpoena duces tecum interact with the deposition notice?
If the witness must bring documents, the list of materials demanded has to be attached to or included in the notice, so every party can see in advance what is being requested.
Can the notice period for a deposition be changed?
Yes. The court may lengthen or shorten the time for taking a deposition when a party shows cause for the change.
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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