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Art. 1449.Taking of Testimony; Preparation of Record; Notice of Filing

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 1449 directs the officer named in a written-question deposition to question the witness using the submitted questions, prepare and certify the transcript under the same procedures that govern oral depositions, file or mail it, and requires the party who took it to notify everyone once it is filed.

Full Text of Art. 1449

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A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Articles 1443, 1445, and 1446, to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.
When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

Amendment History

Acts 1976, No. 574, §1.

Plain-English Summary

Article 1449 picks up where Article 1448 leaves off. Once the written-question exchange is complete, the party taking the deposition delivers a copy of the notice and copies of every question served — the original questions along with any cross, redirect, and recross questions — to the officer named in the notice.

From there the officer follows the same path an oral deposition would take. Using the procedures in Articles 1443, 1445, and 1446, the officer takes the witness's testimony in response to the questions, prepares the transcript, certifies it, and files or mails it, attaching the notice and the questions that were received. The written-question format changes how the questions get to the witness, not the standards that govern swearing the witness, reviewing and signing the transcript, or certifying and delivering it.

Once the deposition is filed, the party who took it has to give prompt notice to all other parties, so nobody is left wondering whether or when the deposition became part of the case.

Frequently Asked Questions

Who asks the witness the questions in a written-question deposition?

The officer named in the notice reads and propounds the submitted questions to the witness and records the answers.

What procedures apply once the officer receives the written questions?

The same procedures that govern oral depositions under Articles 1443, 1445, and 1446 apply to taking the testimony, preparing the transcript, and certifying and filing it.

Does the party need to notify others once a written deposition is filed?

Yes. The party who took the deposition must promptly give notice of the filing to all other parties.

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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