Art. 1451.Objections to Admissibility
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. 1451
Amendment History
Acts 1976, No. 574, §1.
Plain-English Summary
Taking testimony by deposition rather than live in court does not waive the ordinary rules of evidence. Article 1451 confirms that a party can object at trial or a hearing to receiving all or part of a deposition, for any reason that would have kept the testimony out if the witness had been present and testifying in person. The measuring stick stays the same either way; the deposition format does not lower the bar for what gets admitted.
Two cross-references narrow how the rule applies in practice. The article defers to R.S. 13:3823, a specific statute governing certain medical-cost affidavits, where that statute controls. It also defers to Article 1455, which sorts deposition objections into categories with different timing rules — some preserved automatically, others waived unless raised promptly. Article 1451 sets the general admissibility standard; Article 1455 governs when a party has to speak up to keep an objection alive.
Frequently Asked Questions
Can you object to a deposition transcript at trial the same way you would to live testimony?
Yes. Article 1451 allows an objection to any part of a deposition for any reason that would require excluding the evidence if the witness were present and testifying.
Does using a deposition waive the right to object to its content?
No. The deposition format does not waive ordinary evidentiary objections, though Article 1455 sets separate timing rules for certain categories of deposition objections.
How does Article 1451 relate to Article 1455?
Article 1451 sets the general standard for objecting to a deposition's admissibility; Article 1455 governs which of those objections must be raised promptly to avoid waiver.