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Art. 1448.Serving Written Questions; 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 1448 sets up the alternative track for taking a deposition on written questions instead of live oral examination, covering what the notice must contain and the deadlines for serving cross, redirect, and recross questions.

Full Text of Art. 1448

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A. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. 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.
B. A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, 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, and the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of Article 1442.
C. Within thirty days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within ten days after being served with cross questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross questions upon all other parties. The court may for cause shown enlarge or shorten the time.

Amendment History

Acts 1976, No. 574, §1.

Plain-English Summary

Not every deposition needs a lawyer in the room asking questions live. Article 1448 lets any party depose a person, including another party, by written questions instead, once the action has commenced. The same safeguards that apply to oral depositions carry over here: a subpoena can compel a witness's attendance, and a person confined in prison can be deposed on written questions only with leave of court.

The party who wants a written deposition serves the questions on everyone else, along with a notice stating who will answer them — by name if known, or by a description sufficient to identify the person or group otherwise — and identifying the officer who will preside. An organization can be deposed by written questions the same way it can be deposed orally, following the designation procedure in Article 1442.

Because nobody is in the room to ask a follow-up on the spot, the article lays out a written back-and-forth instead. Any party has thirty days after the notice and questions are served to serve cross questions, ten days after being served with cross questions to serve redirect questions, and ten days after that to serve recross questions. The court can enlarge or shorten any of those periods for cause shown.

Frequently Asked Questions

How is a deposition on written questions different from an oral deposition?

Instead of a lawyer questioning the witness live, the parties exchange written questions in advance, and an officer reads them to the witness and records the answers.

What must the notice for a written-question deposition include?

The name and address of the person who will answer, or a description sufficient to identify them if the name is unknown, and the name or title and address of the officer who will preside.

How much time do you have to serve cross questions?

Thirty days after the notice and original questions are served, unless the court enlarges or shortens that period for cause shown.

Can you depose a company or agency by written questions?

Yes. Article 1448 allows a deposition upon written questions of a corporation, partnership, association, or governmental agency, following the same designation procedure as Article 1442.

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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