A. At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Louisiana Code of Evidence applied as though the witnesses were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:
Art. 1450.Use of Depositions
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2000 · Last verified July 30, 2026
In one sentenceArticle 1450 lists the ways a deposition can be used at trial — always for impeachment, for any purpose against a party or its designated organizational witness, for any purpose when the witness is unavailable or distant or exceptional circumstances justify it, and for an expert witness subject to an opponent's right to demand live testimony.
Full Text of Art. 1450
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(2) The deposition of a party or of anyone who at the time of taking the deposition was an officer, director, or managing agent, or a person designated under Article 1442 or 1448 to testify on behalf of a public or private corporation, partnership, or association, or governmental agency which is a party may be used by an adverse party for any purpose.
(3) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:
(a) That the witness is unavailable;
(b) That the witness resides at a distance greater than one hundred miles from the place of trial or hearing or is out of the state, unless it appears that the absence of the witness was procured by the party offering the deposition; or
(c) Upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(4) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which, in fairness, should be considered with the part introduced, and any party may introduce any other parts.
(5) However, any party may use the deposition of an expert witness for any purpose upon notice to all counsel of record, any one of whom shall have the right within ten days to object to the deposition, thereby requiring the live testimony of an expert. The objecting counsel of record shall pay in advance the fee, reasonable expenses, and actual costs of such expert witness associated with such live testimony. The fees, expenses, and costs specified in this Subparagraph shall be subject to the approval of the court. The provisions of this Subparagraph do not supersede Subparagraph (A)(3) nor Code of Evidence Article 804(A). However, the court may permit the use of the expert's deposition, notwithstanding the objection of counsel to the use of that deposition, if the court finds that, under the circumstances, justice so requires.
B. Substitution of parties does not affect the right to use depositions previously taken; and, when an action in any court of this state, or the United States or of any state has been dismissed and another action involving the same subject matter is afterward brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
C. Conflicts between this Article and Code of Evidence Article 804, regarding the use of depositions, shall be resolved by the court in its discretion.
Amendment History
Acts 1976, No. 574, §1; Acts 1988, No. 515, §2, eff. 1/1/1989; Acts 1990, No. 134, §1; Acts 1991, No. 304, §1, eff. 7/3/1991; Acts 1992, No. 645, §1; Acts 1999, No. 1263, §1, eff. 1/1/2000.
Plain-English Summary
A deposition is not just a discovery tool; Article 1450 spells out when it can also serve as evidence. At trial or on a motion or interlocutory hearing, any part or all of a deposition may be used against a party who was present or represented when it was taken, or who had reasonable notice of it, so far as the testimony would be admissible under the Code of Evidence if the witness were there testifying live. Several specific rules fill out that general standard.
Any deposition can be used to contradict or impeach the deponent, regardless of who took it. The deposition of a party, or of someone who was an officer, director, or managing agent of a party organization, or a witness designated under Article 1442 or 1448 to speak for that organization, can be used by an adverse party for any purpose at all. Beyond that, any witness's deposition can be used by any party for any purpose if the court finds the witness unavailable, finds the witness lives more than a hundred miles from the courthouse or is out of state and the offering party did not cause that absence, or finds exceptional circumstances that make use of the deposition desirable in the interest of justice. If only part of a deposition comes into evidence, fairness lets an adverse party demand that any other part be introduced too, and any party may introduce other parts on their own.
Expert witnesses get a rule tailored to them. A party may use an expert's deposition for any purpose after giving notice to all counsel of record, but any one of them can object within ten days and force the expert's live testimony instead — at the cost of paying, in advance, that expert's fee and reasonable expenses for testifying live, subject to the court's approval. This right does not override the unavailability rule or the hearsay exception in the Code of Evidence, and a court can still allow the deposition to be used despite the objection if justice requires it under the circumstances.
Two final rules round out the article. Substituting parties in the case does not cut off the right to use depositions taken before the substitution, and depositions from a dismissed suit can be used in a later suit between the same parties over the same subject matter as if they had been taken in that later suit. Any conflict between this article and Code of Evidence Article 804 is left to the court's discretion to resolve.
Frequently Asked Questions
Can you use a deposition instead of live testimony at a Louisiana trial?
Yes, to the extent the testimony would be admissible if the witness were present and testifying, and subject to the specific categories Article 1450 lists — impeachment, use against a party, unavailability, distance, or exceptional circumstances.
Can you use an opposing party's deposition for any purpose?
Yes. The deposition of a party, or of an officer, director, managing agent, or designated organizational witness of a party, may be used by an adverse party for any purpose.
When can a nonparty witness's deposition be used at trial?
When the court finds the witness unavailable, finds the witness lives more than a hundred miles from the courthouse or is out of state without the offering party having caused that absence, or finds exceptional circumstances that make use of the deposition desirable in the interest of justice.
Can you demand live testimony instead of a deposed expert's testimony?
Yes. Any counsel of record can object within ten days of notice and force the expert to testify live, but the objecting counsel must pay the expert's fee and reasonable expenses for that live testimony in advance, subject to court approval.
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: using depositions at trial Louisianadeposition as trial testimony Louisianaexpert deposition instead of live testimony Louisianaunavailable witness deposition LouisianaArticle 1450 Louisiana Code of Civil Procedure