In any case in which evidence by affidavit is permitted under Article 2821, the court may require further evidence of any fact sworn to therein by the introduction of evidence as in ordinary cases.
Art. 2823.Additional Evidence
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 2. Evidence of Jurisdiction and Heirship · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2823 gives the court discretion to demand more than an affidavit for any fact that Article 2821 otherwise allows to be proved that way, requiring the additional proof to come in through the ordinary introduction of evidence.
Full Text of Art. 2823
Plain-English Summary
Affidavit evidence under Article 2821 speeds up the parts of a succession that are rarely contested. But a judge does not have to take an affidavit at face value just because the law permits one. Article 2823 preserves the court's discretion to ask for more.
If something about a sworn fact gives the court pause, an inconsistency, a gap, or a fact unusually important to the outcome, the court can require further evidence beyond the affidavit itself. That additional proof follows the ordinary rules of evidence, brought in through witnesses and documents rather than another sworn statement.
The result is a flexible system. Affidavits handle routine, undisputed facts efficiently, while Article 2823 gives the court a safety valve to dig deeper into any particular fact before relying on it, without having to convert the whole proceeding into a contradictory one.
Frequently Asked Questions
Can a Louisiana court reject an affidavit and ask for more proof?
Yes. Article 2823 lets the court require further evidence of any fact sworn to in an affidavit permitted under Article 2821, even without a formal objection from another party.
What kind of additional evidence can the court require?
Evidence introduced the way it would be in an ordinary case, such as witness testimony or documents, rather than another affidavit.
Does asking for more proof turn the proceeding into a contradictory one?
Not necessarily. Article 2823 lets the court probe a specific fact further while the proceeding otherwise remains ex parte, unless the underlying issue becomes contested.
Why would a court want more than an affidavit if the law already allows one?
An affidavit is a shortcut for facts that are not usually in dispute; if something about the sworn statement raises a question, Article 2823 lets the court look past the shortcut before relying on it.
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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