The court may order, upon a showing of appropriate safeguards, live testimony of a witness to be presented in open court by teleconference, video link, or other visual remote technology, if the witness is beyond the subpoena power of the court or when compelling circumstances are shown. The order may be entered at a pretrial conference or, in exceptional circumstances, on motion set for hearing at least ten days prior to trial or at another time that does not prejudice the parties.
Art. 1633.1.Live Trial Testimony By Video
Book II. Ordinary Proceedings · Title V. Trial · Chapter 4. Trial Procedure · Enacted 2007 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1633.1 lets a Louisiana court, on a showing of appropriate safeguards, order live witness testimony presented in open court by teleconference, video link, or other remote technology when the witness is beyond the court's subpoena power or compelling circumstances exist, with the order typically entered at a pretrial conference or, in exceptional cases, on a timely motion.
Full Text of Art. 1633.1
Amendment History
Acts 2007, No. 140, §1.
Plain-English Summary
Article 1633.1 covers two situations where a witness might testify at trial without being physically present: when the witness is beyond the court's subpoena power, such as an out-of-state witness the court cannot compel to appear, or when compelling circumstances are shown more broadly. Either way, the court must find that appropriate safeguards are in place before ordering it.
This is live testimony presented in open court in real time, not a recorded deposition played back at trial. The judge, jury, and parties observe the witness testify as it happens, by teleconference, video link, or other visual remote technology, just not in the same room.
Timing follows a normal and an exceptional track. Ordinarily, a party raises the request at a pretrial conference, giving everyone advance notice and planning time. In exceptional circumstances, a party can instead bring a motion, but it has to be set for hearing at least ten days before trial, or at another time that does not prejudice the parties, so the request cannot be sprung on the other side at the last minute without justification.
Frequently Asked Questions
When can a witness testify by video instead of appearing in person at a Louisiana trial?
When the witness is beyond the court's subpoena power or compelling circumstances are shown, and the court finds that appropriate safeguards are in place.
Is video testimony under Article 1633.1 the same as playing a recorded deposition?
No. It covers live testimony presented in open court in real time by teleconference, video link, or similar technology, not a pre-recorded deposition.
When does a party need to raise a request for video testimony?
Typically at a pretrial conference; in exceptional circumstances, by a motion set for hearing at least ten days before trial or at another time that will not prejudice the 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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