The testimony at a deposition may be recorded by other than stenographic means, in which event the notice shall designate the manner of recording, preserving, and filing the deposition, and shall include other provisions to assure that the recorded testimony will be accurate and trustworthy. A videotaped deposition may be taken and used without court order just as any other deposition. A certified shorthand reporter shall be present at the time of any videotaped deposition taken without a court order unless waived by all parties. A party may nevertheless arrange to have a stenographic transcription made at his own expense.
Art. 1440.Nonstenographic Recordation of Testimony
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 1990 · Last verified July 30, 2026
In one sentenceArticle 1440 allows a deposition to be recorded by video or other nonstenographic means as long as the notice describes how the recording will be made, preserved, and filed, and it sets ground rules for videotaped depositions in particular.
Full Text of Art. 1440
Amendment History
Acts 1976, No. 574, §1; Acts 1990, No. 295, §1.
Plain-English Summary
Testimony at a deposition does not have to be taken down by a stenographer. Article 1440 allows recording by any other means — video being the common example — as long as the notice spells out how the recording will be made, preserved, and filed, along with whatever else is needed to keep the recorded testimony accurate and trustworthy. The notice requirement matters here for the same reason it matters under Article 1438: nobody should learn how their testimony is being captured only after they arrive.
Video depositions get a rule of their own. A party can take and use a videotaped deposition without asking the court for permission first, just as with a stenographic one. But unless every party waives the requirement, a certified shorthand reporter still has to be present for a videotaped deposition taken without a court order. The camera captures the witness; the reporter safeguards the record.
Recording by video does not shut out the traditional method. Any party who wants a written transcript in addition to the recording can arrange for a stenographic transcription at their own expense, whether or not anyone else in the case wants one.
Frequently Asked Questions
Do you need court permission to take a video deposition in Louisiana?
No. Article 1440 allows a videotaped deposition to be taken and used without a court order, the same as a stenographic deposition.
Must a court reporter still attend a videotaped deposition?
Yes, unless every party waives the requirement. A certified shorthand reporter must be present at a videotaped deposition taken without a court order.
Can a party get a written transcript of a videotaped deposition?
Yes. Any party may arrange for a stenographic transcription of the testimony at their own expense, regardless of the recording method used.
What must the notice say when a deposition will be recorded by video?
It must designate the manner of recording, preserving, and filing the deposition, along with any other provisions needed to keep the recording accurate and trustworthy.
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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