Art. 1425.Experts; Pretrial Disclosures; Scope of Discovery

Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2024 · Last verified July 30, 2026

In one sentenceArticle 1425 governs how parties identify and depose testifying experts, when a signed written expert report is required, how far a non-testifying consulting expert can be probed, and sets out Louisiana's own pretrial hearing procedure for challenging an expert's qualifications or methodology before trial.

Full Text of Art. 1425

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A. A party may through interrogatories or by deposition require any other party to identify each person who may be used at trial to present evidence under Articles 702 through 705 of the Louisiana Code of Evidence.

B. Upon contradictory motion of any party or on the court's own motion, an order may be entered requiring that each party that has retained or specially employed a person to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony provide a written report prepared and signed by the witness. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor and the data or other information considered by the witness in forming the opinions. The parties, upon agreement, or if ordered by the court, shall include in the report any or all of the following: exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding ten years; the compensation to be paid for the study and testimony; a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years.

C. If the court orders the disclosures of Paragraph B of this Article, they shall be made at the times and in the sequence directed by the court. In the absence of directions from the court or stipulation by the parties, the disclosures ordered pursuant to Paragraph B of this Article shall be made at least ninety days before the trial date or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Paragraph B of this Article, within thirty days after the disclosure made by the other party. The parties shall supplement these disclosures when required by Article 1428. D.

(1) Except as otherwise provided in Paragraph E of this Article, a party may, through interrogatories, deposition, and a request for documents and tangible things, discover facts known or opinions held by any person who has been identified as an expert whose opinions may be presented at trial. If a report from the expert is required under Paragraph B, the deposition shall not be conducted until after the report is provided.

(2) A party may, through interrogatories or by deposition, discover facts known by and opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Article 1465 or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

(3) Unless manifest injustice would result, the court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under this Paragraph; and with respect to discovery obtained under Subparagraph (2) of this Paragraph, the court shall also require the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.

(1) The expert's drafts of a report required under Paragraph B of this Article, and communications, including notes and electronically stored information or portions thereof that would reveal the mental impressions, opinions, or trial strategy of the attorney for the party who has retained the expert to testify, shall not be discoverable except, in either case, on a showing of exceptional circumstances under which it is impractical for the party seeking discovery to obtain facts or opinions on the same subject by other means.

(2) Nothing in this Article shall preclude opposing counsel from obtaining any facts or data the expert is relying on in forming his opinion, including that coming from counsel, or from otherwise inquiring fully of an expert into what facts or data the expert considered, whether the expert considered alternative approaches, or into the validity of the expert's opinions.

(1) A party seeking to challenge whether a witness qualifies as an expert or whether the methodologies employed by the witness are reliable under Code of Evidence Articles 702 through 705 shall file a motion for a pretrial hearing. The motion shall be filed not later than sixty days prior to trial and shall set forth sufficient allegations showing the necessity for these determinations by the court.

(2) The court shall hold a contradictory hearing and shall rule on the motion not later than thirty days prior to the trial. At the hearing, the court shall consider the qualifications and methodologies of the proposed witness based upon the provisions of Code of Evidence Articles 104(A) and 702 through 705. For good cause shown, the court may allow live testimony at the contradictory hearing.

(3) If the ruling of the court is made at the conclusion of the hearing, the court shall recite orally its findings of fact, conclusions of law, and reasons for judgment. If the matter is taken under advisement, the court shall render its ruling and provide written findings of fact, conclusions of law, and reasons for judgment not later than five days after the hearing.

(4) The findings of facts, conclusions of law, and reasons for judgment shall be made part of the record of the proceedings. The findings of facts, conclusions of law, and reasons for judgment shall specifically include and address:

(a) The elements required to be satisfied for a person to testify under Articles 702 through 705 of the Louisiana Code of Evidence.

(b) The evidence presented at the hearing to satisfy the requirements of Articles 702 through 705 of the Louisiana Code of Evidence at trial.

(c) A decision by the judge as to whether or not a person shall be allowed to testify under Articles 702 through 705 of the Louisiana Code of Evidence at trial.

(d) The reasons of the judge detailing in law and fact why a person shall be allowed or disallowed to testify under Articles 702 through 705 of the Louisiana Code of Evidence.

(5) A ruling of the court pursuant to a hearing held in accordance with the provisions of this Paragraph shall be subject to appellate review as provided by law.

(6) Notwithstanding the time limitations in Subparagraphs (1), (2), and (3) of this Paragraph, by unanimous consent of the parties, and with approval by the court, a motion under this Paragraph may be filed, heard, and ruled upon by the court at any time prior to trial. The ruling by the court on such motion shall include findings of fact, conclusions of law, and reasons for judgment complying with the provisions of Subparagraph (4) of this Paragraph.

(7) The provisions of this Paragraph shall not apply to testimony in an action for divorce or annulment of marriage, or to a separation in a covenant marriage, to a property partition, or to an administration of a succession, or to testimony in any incidental or ancillary proceedings or matters arising from such actions.

(8) All or a portion of the court costs, including reasonable expert witness fees and costs, incurred when a motion is filed in accordance with this Paragraph may, in the discretion of the court, be assessed to the non-prevailing party as taxable costs at the conclusion of the hearing on the motion.

End

Amendment History

Amended by Acts 2024, No. 371, §1, eff. 8/1/2024. Amended by Acts 2014, No. 655, §1, eff. 8/1/2014. Acts 1976, No. 574, §1; Acts 2003, No. 545, §1; Acts 2007, No. 140, §1; Acts 2008, No. 787, §1, eff. 1/1/2009.

Plain-English Summary

A party can identify its trial experts through an interrogatory or a deposition. When the court orders it, on motion or its own initiative, an expert who was retained or specially employed to testify -- or an employee whose job regularly involves giving expert testimony -- has to produce a signed written report covering every opinion the expert will offer, the basis and reasons for each one, and the data considered in forming them. The parties can agree, or the court can order, that the report add exhibits, the expert's qualifications and recent publications, compensation, and a list of recent cases where the expert has testified.

Absent a court order or stipulation setting a different schedule, these disclosures are due at least ninety days before trial, or within thirty days of a rebuttal expert's opposing disclosure. The duty to keep them current runs through Article 1428's general supplementation rule.

A testifying expert's underlying facts and opinions are discoverable through interrogatories, deposition, or document requests, though a deposition can't happen before a required report is produced. An expert who was only consulted, not expected to testify, is off-limits except through Article 1465 or a showing of exceptional circumstances -- and the requesting party generally has to pay the expert's reasonable fee for that time, sometimes covering the other side's expert expenses too. Drafts of a required report and attorney-expert communications revealing mental impressions or strategy are likewise protected absent exceptional circumstances, though the facts and data the expert relied on remain fully discoverable.

Paragraph F builds a full gatekeeping hearing directly into this discovery article: a party can move, at least sixty days before trial, for a contradictory hearing testing whether a witness qualifies as an expert or whether the methods used hold up under the Code of Evidence's expert-testimony articles. The court has to rule at least thirty days before trial, put written findings and reasons in the record, and that ruling is appealable. The procedure exempts divorce, annulment, covenant-marriage separation, property partition, and succession proceedings, and lets the court assess costs against the non-prevailing party.

Frequently Asked Questions

Do I have to disclose my expert witnesses before trial in Louisiana?

Yes. A party can be required, through interrogatories or a deposition, to identify each expert who may testify, and, if the court orders it, to produce a signed written report.

What has to be in an expert's written report?

Every opinion the expert will express, the basis and reasons for each, and the data or information the expert considered -- plus exhibits, qualifications, compensation, and recent testimony history if the parties agree or the court orders it added.

When are expert disclosures due before trial?

Absent a court order or stipulation, at least ninety days before trial, or within thirty days of an opposing rebuttal disclosure, with an ongoing duty to supplement.

Can I depose an expert my opponent consulted but doesn't plan to call?

Only through Article 1465 or a showing of exceptional circumstances -- a non-testifying consulting expert gets far more protection than one expected to testify at trial.

How does a party challenge whether someone qualifies as an expert in Louisiana?

By filing a motion at least sixty days before trial for a contradictory hearing under Paragraph F; the court rules at least thirty days before trial with written findings, and the ruling is appealable.

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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