The petitioner for the probate of the testament shall produce all necessary witnesses at the time assigned for the probate hearing, and may cause them to be subpoenaed to appear and testify.
Art. 2857.Proponent Must Produce Witnesses; Subpoenas
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 2857 places the burden on the petitioner seeking to probate a testament to produce all necessary witnesses at the assigned probate hearing, and gives that petitioner the power to have those witnesses subpoenaed to appear and testify.
Full Text of Art. 2857
Plain-English Summary
Proving up a testament, olographic, notarial, nuncupative, or mystic, depends on witness testimony under the articles that follow. Article 2857 makes clear whose job it is to get those witnesses to the hearing: the petitioner seeking to probate the testament, referred to as the proponent.
The proponent has to produce all the witnesses necessary to satisfy whichever proof requirement applies to the testament's particular form at the time assigned for the probate hearing. Waiting to see who shows up voluntarily is not enough if a witness is unwilling or forgets the hearing date.
To make sure of that, Article 2857 gives the proponent the power to have the necessary witnesses subpoenaed, a compulsory process that can bring a reluctant or forgetful witness to court, rather than leaving the testament's fate to chance on who happens to appear.
Frequently Asked Questions
Whose job is it to bring witnesses to a probate hearing in Louisiana?
The petitioner seeking probate, called the proponent, must produce all necessary witnesses at the time assigned for the hearing.
Can I force a reluctant witness to appear at a probate hearing?
Yes. Article 2857 lets the proponent have the necessary witnesses subpoenaed to appear and testify.
What if a required witness doesn't show up to the probate hearing?
Without that witness's testimony, or an available substitute proof method under Articles 2883 through 2889, the proponent may not be able to meet the proof requirements for that testament's form.
Does Article 2857 apply to every type of testament?
It applies whenever witnesses are necessary to probate the testament, which covers the testament forms proved through witness testimony under Articles 2883 through 2888.
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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