Leave of court is not required for the taking of a deposition by plaintiff if the notice states that the person to be examined is about to go out of the state and will be unavailable for examination unless his deposition is taken before expiration of the fifteen-day period, and sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true. The sanctions provided by Articles 863 and 864 are applicable to the certification. If a party shows that when he was served with notice under this Article he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him.
Art. 1439.Special Notice
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 1439 lets a plaintiff skip the fifteen-day waiting period of Article 1437 by giving special notice that a witness is about to leave the state, requires the plaintiff's attorney to certify the supporting facts, and bars use of the deposition against a party who could not get counsel in time despite diligent effort.
Full Text of Art. 1439
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Article 1439 is the escape hatch built into Article 1437's fifteen-day rule. If a witness is about to leave Louisiana and will be unavailable unless deposed right away, the plaintiff can give special notice instead of waiting out the ordinary period or asking the court for leave. The notice itself has to say so, and lay out the facts that back up the claim — a signed statement of intent alone is not enough.
Because this shortcut skips judicial screening, the article builds in accountability. The plaintiff's attorney must sign the notice, and that signature certifies, to the best of the attorney's knowledge, information, and belief, that the statement and the facts supporting it are true. The certification carries the same sanctions that apply to any other signed pleading or filing under Articles 863 and 864, so an attorney who invents an urgent departure to force an early deposition faces real exposure.
The article also protects a defendant caught off guard by a fast special-notice deposition. If that defendant shows they could not, despite diligent effort, find a lawyer to represent them at the deposition, the deposition cannot be used against them. The rule lets a plaintiff move quickly without letting that speed become a weapon against an unrepresented defendant.
Frequently Asked Questions
What must a special notice under Article 1439 say?
It must state that the person to be examined is about to leave Louisiana and will be unavailable unless deposed before the fifteen-day period expires, and it must set out the facts supporting that statement.
Who signs the special notice, and what does that signature mean?
The plaintiff's attorney signs it, and the signature certifies that, to the best of the attorney's knowledge and belief, the statement and the supporting facts are true, subject to the sanctions in Articles 863 and 864.
What if a defendant could not find a lawyer in time for a special-notice deposition?
If the defendant shows they were unable, despite diligent effort, to obtain counsel for the deposition, the deposition may not be used against them.
Does special notice require permission from the court?
No. That is the point of Article 1439 — it lets the plaintiff bypass the leave-of-court requirement that would otherwise apply within the first fifteen days after service of citation.
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
Also known as: Louisiana emergency deposition noticespecial notice deposition Louisianadepose a witness before they leave the state Louisianaattorney certification deposition notice LouisianaArticle 1439 Louisiana Code of Civil Procedure