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
Full Text of Art. 1449
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.