Title I. Courts · Chapter 4. Power and Authority · Last amended 2001 · Last verified July 30, 2026
In one sentenceArticle 197 defines “inmate” and gives a Louisiana trial judge discretion, when an inmate’s courtroom testimony or presence is required or justified, to take that testimony at the institution, by teleconference or other remote technology, or, only if necessary, by transporting the inmate to the courthouse.
A. As used in this Article, "inmate" means a person confined in any prison, jail, correctional or training institution operated by the state, any of its political subdivisions, or any sheriff either while awaiting disposition of contemplated or pending criminal charges, pursuant to a sentence imposed by a court following the conviction of a crime, or pursuant to the judgment of a juvenile court.
B. When in any judicial proceeding the testimony of an inmate is required by law to be given in open court, when an inmate is a party to a judicial proceeding under circumstances giving him the legal right to be present in open court at any stage of the proceeding, or when the presence of an inmate witness in open court is requested timely by a party to litigation and is justified under the facts and circumstances of the case, the trial judge, in his discretion, may order any of the following:
(1)The court be convened and the testimony of the inmate be taken, or the proceedings conducted at the institution wherein the inmate is confined.
(2)The testimony of the inmate be taken, or the proceedings conducted, by teleconference, video link, or other available remote technology approved by the judge, or by telephone if agreed to by all parties and approved by the judge.
(3)If the interests of justice require the presence of the inmate in open court and if no other methodology authorized hereunder is feasible, the court may order that the prisoner be transported to the courthouse pursuant to R.S.15:706(D).
Article 197 addresses a practical problem: what happens when a witness or party to a civil proceeding is confined in a prison, jail, or correctional or training institution. Paragraph A defines “inmate” broadly to include a person held while awaiting disposition of criminal charges, serving a sentence after conviction, or held under a juvenile court judgment.
Paragraph B identifies when the article applies — when the law requires an inmate’s testimony in open court, when an inmate party has a legal right to be present at some stage of the proceeding, or when a party timely requests the inmate witness’s presence and the circumstances justify it. In any of those situations, the trial judge has discretion to choose among three approaches, in ascending order of logistical burden.
The judge may convene the court, or conduct the proceeding, at the institution where the inmate is held. The judge may instead take the testimony, or conduct the proceeding, by teleconference, video link, or other remote technology the judge approves, or by telephone if every party agrees and the judge approves. Only if the interests of justice require the inmate’s presence in open court, and no other method under this article is workable, may the judge order the inmate transported to the courthouse under R.S. 15:706(D). The article’s structure favors the options that avoid the security and logistical costs of transport, reserving that step for cases where nothing else will do.
Frequently Asked Questions
Who counts as an “inmate” under Article 197?
A person confined in a prison, jail, or correctional or training institution operated by the state, a political subdivision, or a sheriff — whether awaiting trial, serving a sentence after conviction, or held under a juvenile court judgment.
Does an inmate witness always have to be transported to the courthouse to testify?
No. Article 197 favors alternatives — testimony taken at the institution, or by teleconference, video link, or other remote technology — and allows transport to the courthouse only when the interests of justice require the inmate’s physical presence and no other method is workable.
Can inmate testimony be taken by phone?
Yes, but only if every party agrees to it and the judge approves.
Does the judge have to grant an inmate’s request to appear in court?
The trial judge has discretion under Article 197. Even where an inmate has some right to be present, or a party has timely requested the inmate’s presence, the judge chooses which of the article’s methods to use.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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