A petitioner for the probate of a testament in accordance with the provisions of Articles 2883 through 2888 may obtain leave of court ex parte for the taking of the deposition of any witness whose testimony otherwise would not be available. The provisions of Articles 1426, 1434 through 1436, 1443 through 1446, 1449, 1452, and 1469 through 1471, as applicable, shall govern the taking of the deposition.
Art. 2889.Depositions of Witnesses
Book VI. Probate Procedure · Title I. General Dispositions · Chapter 3. Probate and Registry of Testaments · Last amended 2025 · Last verified July 30, 2026
In one sentenceArticle 2889 lets a petitioner seeking to probate a testament under Articles 2883 through 2888 obtain ex parte leave of court to depose a witness whose testimony would not otherwise be available, applying the Code's ordinary deposition articles as far as they fit.
Full Text of Art. 2889
Amendment History
Amended by Acts 2025, No. 34, §1, eff. 8/1/2025. Acts 1985, No. 26, §1.
Plain-English Summary
The layered witness requirements in Articles 2883 through 2888 depend on real people being available to testify, through live testimony, affidavit, or the fallback tiers Article 2886 supplies when witnesses have died, moved away, or become incapacitated. But an affidavit is not always practical, and a witness not reachable through ordinary means may still be reachable through a deposition.
Article 2889 lets the petitioner seeking probate get ahead of that problem. Without waiting for the hearing itself, the petitioner can seek leave of court, granted ex parte, to depose any witness whose testimony would not otherwise be available, someone too ill to travel, or living far from the parish, for instance.
The deposition does not follow its own separate set of rules. Article 2889 imports the Code's general deposition articles, applying them as far as they are relevant to a probate deposition, so the mechanics of notice, examination, and use in the proceeding track the deposition practice already familiar from ordinary civil litigation.
Frequently Asked Questions
Can I depose a witness before the probate hearing if they can't attend in person?
Yes. Article 2889 lets the petitioner get ex parte leave of court to depose any witness whose testimony would not otherwise be available.
Do I need the other side's consent to take a deposition for probate purposes?
No. Article 2889 allows the petitioner to obtain leave of court ex parte, without a contested hearing on the request.
Which testament forms does Article 2889 apply to?
Testaments probated under Articles 2883 through 2888, meaning the olographic, nuncupative-by-private-act, mystic, notarial, and foreign testament forms proved through witness testimony.
What rules govern how the deposition is taken?
The Code's general deposition articles, which Article 2889 applies as far as they are relevant to a probate deposition.
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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