Art. 1474.Service of Written Objections, Notices, Requests, Affidavits, Interrogatories, and Answers Thereto
Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Enacted 1989 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1474 sets the general rule for serving discovery paperwork on the other side, keeps most of it out of the court record unless a dispute or trial requires filing it, and confirms that serving discovery -- even unfiled -- counts as a step that keeps a lawsuit from being abandoned.
A. Except as otherwise provided by Article 1430, all of the objections, notices, requests, affidavits, interrogatories, and answers to interrogatories, required by any Article in this Chapter to be in writing and served on an adverse party, may be served as provided in Article 1313.
B. Interrogatories and the answers thereto, requests for production or inspection, and requests for admissions and the responses thereto authorized by Article 1421 shall be served upon other counsel or parties, but shall not be filed in the record of the proceedings, unless filing is required under the provisions of Paragraph C of this Article or unless ordered to be filed by the court. The failure or lack of filing such items shall not affect the use or admissibility at trial or by the court if otherwise authorized or provided by law. The party responsible for service of the discovery materials shall retain the original and become the custodian of such materials.
C.
(1)If relief is sought under Article 1467 or 1469 with regard to any interrogatories, requests for production or inspection, requests for admissions, answers to interrogatories, or responses to requests for admissions, copies of the portions of the interrogatories, requests, answers, or responses in dispute shall be filed with the court contemporaneously with any motion filed under such Articles.
(2)If interrogatories, requests, answers, or responses are to be used at trial or are necessary to a pretrial motion which might result in a final order on any issue, the portions to be used shall be filed in the proceedings at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated.
(3)When documentation of discovery not previously in the record is needed for appeal purposes, upon an application and order of the court, or by stipulation of counsel, the necessary discovery materials shall be filed in the proceedings.
(4)The serving of any discovery materials pursuant to the provisions of this Article shall be considered a step in the prosecution or defense of an action for purposes of Article 561, notwithstanding that such discovery materials are not filed in the record of the proceedings.
D. The provisions of this Article shall not be construed to preclude the filing of any discovery materials as exhibits or as evidence in connection with a motion or at trial.
Amendment History
Acts 1989, No. 388, §1, eff. 6/30/1989.
Plain-English Summary
Discovery generates a lot of paper: objections, notices, requests, interrogatories and their answers. Article 1474 sets the baseline rule for all of it -- these documents are served on the other side the same way any other paper in the case is served, and, unlike pleadings, they generally don't get filed in the court record. The party responsible for serving a discovery document keeps the original and acts as its custodian.
Filing becomes necessary in specific situations. If a party seeks relief under Article 1467 (sufficiency of an admission response) or Article 1469 (a motion to compel), copies of the disputed portions have to be filed with the court along with the motion. If discovery materials will be used at trial, or are necessary to a pretrial motion that could result in a final ruling, the relevant portions get filed at the outset of trial or when the motion is filed. And if an appeal needs documentation that was never part of the record, the court can order it filed on application or by stipulation of counsel.
One detail carries real practical weight: serving discovery materials counts as a step in prosecuting or defending the action for purposes of Article 561's abandonment rule, even though the materials themselves were never filed. A party that keeps serving discovery, without ever filing anything, is still actively moving the case forward in the eyes of the law.
Frequently Asked Questions
Do I need to file my interrogatories and their answers with the court?
Generally no, unless a dispute requires a motion under Article 1467 or 1469, the materials will be used at trial or a dispositive pretrial motion, or the court orders filing.
Who keeps the original discovery documents?
The party responsible for serving them retains the original and acts as its custodian.
Does serving discovery protect my case from being dismissed for inactivity?
Yes. Serving discovery materials counts as a step in prosecuting or defending the action under Article 561's abandonment rule, even when the materials aren't filed.
What has to be filed if I move to compel discovery?
Copies of the disputed portions of the interrogatories, requests, answers, or responses, filed with the court at the same time as the motion.
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:discovery filing requirementsserving discovery documentsabandonment discovery stepdiscovery custodian