The court may hear an application for a preliminary injunction or for the dissolution or modification of a temporary restraining order or a preliminary injunction upon the verified pleadings or supporting affidavits, or may take proof as in ordinary cases. If the application is to be heard upon affidavits, the court shall so order in writing, and a copy of the order shall be served upon the defendant at the time the notice of hearing is served. At least twenty-four hours before the hearing, or such shorter time as the court may order, the applicant shall deliver copies of his supporting affidavits to the adverse party, who shall deliver to the applicant prior to the hearing copies of affidavits intended to be used by such adverse party. The court, in its discretion, and upon such conditions as it may prescribe, may permit additional affidavits to be filed at or after the hearing, and may further regulate the proceeding as justice may require.
Art. 3609.Proof At Hearings; Affidavits
Book VII. Special Proceedings · Title I. Provisional Remedies · Chapter 2. Injunction · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3609 lets the court decide a preliminary injunction application, or a motion to dissolve or modify a temporary restraining order or preliminary injunction, on verified pleadings and affidavits or through live proof, and sets a twenty-four hour deadline for exchanging supporting affidavits before the hearing.
Full Text of Art. 3609
Plain-English Summary
Injunction hearings do not always require live witnesses. Article 3609 gives the court a choice: decide the application for a preliminary injunction, or a motion to dissolve or modify a TRO or preliminary injunction, on the verified pleadings and supporting affidavits already on file, or take proof the way an ordinary trial would, with live testimony.
If the court opts for the affidavit route, that decision has to be made in writing, and a copy of that written order gets served on the defendant along with the hearing notice, so the defendant knows in advance what kind of hearing to prepare for.
The article builds in a fairness mechanism around affidavit exchange: at least twenty-four hours before the hearing, unless the court sets a shorter time, the applicant has to deliver supporting affidavits to the adverse party, who in turn delivers to the applicant copies of any affidavits that party intends to use. The court retains discretion to allow additional affidavits at or after the hearing and to otherwise regulate the proceeding as justice requires.
Frequently Asked Questions
Does a Louisiana injunction hearing always require live witness testimony?
No. Article 3609 lets the court decide the matter on verified pleadings and affidavits instead, or take proof as in an ordinary trial, at the court's discretion.
How does the court decide whether to use affidavits instead of live testimony?
The court orders it in writing, and a copy of that order has to be served on the defendant along with the notice of hearing.
When do the parties have to exchange their supporting affidavits?
At least twenty-four hours before the hearing, unless the court sets a shorter deadline, with each side delivering its affidavits to the other.
Can additional affidavits be filed after the hearing has started?
Yes, at the court's discretion and on whatever conditions the court prescribes, since Article 3609 lets the court regulate the proceeding as justice requires.
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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