It shall not be necessary in a non-jury trial to resummon the witnesses or to hear them anew at a new trial if their testimony has once been reduced to writing, but all such testimony and evidence received on the former trial shall be considered as already in evidence. Any party may call new witnesses or offer additional evidence, and with the permission of the court recall any witness for further examination or cross-examination as the case may be. However, the parties shall not be precluded from producing new proofs, on the ground they have not been offered on the first trial. When a new trial is granted for reargument only, no evidence shall be adduced.
Art. 1978.Procedure In New Trial
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 4. Modification In Trial Court · Last amended 1989 · Last verified July 30, 2026
In one sentenceArticle 1978 sets the procedure for conducting a new trial, letting prior written testimony stand without resummoning witnesses in a non-jury case while still allowing new evidence and witnesses, but barring any evidence when the new trial is granted for reargument only.
Full Text of Art. 1978
Amendment History
Amended by Acts 1988, No. 515, §2, eff. 1/1/1989.
Plain-English Summary
A new trial does not always mean starting over from nothing. Article 1978 addresses how a new trial unfolds once granted, and its rules differ depending on whether the case was tried without a jury and whether the new trial is for reargument only.
In a non-jury case, if the testimony from the earlier trial was reduced to writing, there is no need to resummon the witnesses or hear their testimony again at the new trial. That earlier testimony and evidence is treated as already in evidence, saving the time and expense of putting witnesses back on the stand to repeat what they already said. But the article does not lock the parties into the old record. Any party can call new witnesses, offer additional evidence, or, with the court's permission, recall a witness for further examination or cross-examination. The parties are not barred from producing new proof merely because it was not offered at the first trial.
The one hard limit comes when the court grants the new trial for reargument only, the option Article 1971 makes available. In that situation, no evidence is adduced at all — the new trial consists entirely of the parties arguing their positions again to the court on the record that already exists, without reopening the factual record.
Frequently Asked Questions
Do witnesses have to testify again at a new trial in Louisiana?
Not necessarily in a non-jury case. If their testimony from the first trial was reduced to writing, it is treated as already in evidence, and the witnesses do not need to be resummoned or heard anew.
Can a party present new evidence at a new trial even if it was not offered the first time?
Yes. Article 1978 lets any party call new witnesses, offer additional evidence, and, with the court's permission, recall a witness for further examination. Evidence is not excluded merely because it could have been, but was not, offered at the first trial.
What happens at a new trial granted for reargument only?
No evidence is presented at all. The parties argue their positions again based on the existing record, without reopening the case to new testimony or exhibits.
Does Article 1978 apply the same way in a jury trial as a non-jury trial?
Its provision letting prior written testimony stand without resummoning witnesses applies specifically to a non-jury trial. Its rules allowing new witnesses, additional evidence, and recalled witnesses for examination apply generally.
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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