Art. 1443.Examination and Cross-Examination; Record of Examination; Oath; Objections

Book II. Ordinary Proceedings · Title III. Production of Evidence · Chapter 3. Discovery · Last amended 2010 · Last verified July 30, 2026

In one sentenceArticle 1443 governs how an oral deposition is conducted — examination follows the Code of Evidence, the officer swears the witness and records the testimony, objections must be concise and non-suggestive rather than argued out on the spot, and a deponent may be instructed not to answer only in narrow, defined circumstances.

Full Text of Art. 1443

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A. Examination and cross-examination of witnesses may proceed as permitted at the trial under the provisions of the Louisiana Code of Evidence. The officer before whom the deposition is to be taken shall administer an oath or affirmation to the witness and shall personally, or by someone acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means. If requested by one of the parties, the testimony shall be transcribed.

B. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. The officer shall cease or suspend recordation of the testimony, questions, objections, or any other statements only upon agreement of all counsel and parties present at the deposition, or upon termination or suspension of the deposition pursuant to Code of Civil Procedure Article 1444. Any objection during a deposition shall be stated concisely and in a non-argumentative and non-suggestive manner. Evidence objected to shall be taken subject to the objections. Counsel shall cooperate with and be courteous to each other and to the witness and otherwise conduct themselves as required in open court and shall be subject to the power of the court to punish for contempt. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition, and he shall transmit them to the officer, or anyone authorized to take oaths, who shall propound them to the witness and record the answers verbatim.

C. "Officer" as used in this Article means a certified shorthand reporter currently holding a valid certificate issued by the Board of Examiners of Certified Shorthand Reporters pursuant to the provisions of R.S.37:2551 et seq., and an official court reporter, and a deputy official court reporter, as defined in R.S.37:2555 (C) and (D).

D. Unless otherwise stipulated or as provided in Article 1455, objections are considered reserved until trial or other use of the deposition. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence imposed by the court, to prevent harassing or repetitious questions, or to prevent questions which seek information that is neither admissible at trial nor reasonably calculated to lead to the discovery of admissible evidence.

E. If the court finds that an objection made during a deposition taken for trial purposes is in violation of this Article, the court shall order the party in violation to pay for the editing or redacting of the transcript or video, along with any other costs or sanctions the court deems appropriate unless good cause is shown.

End

Amendment History

Acts 1976, No. 574, §1; Acts 1988, No. 515, §2, eff. 1/1/1989; Acts 1990, No. 295, §1; Acts 1990, No. 842, §1, eff. 7/24/1990; Acts 1997, No. 1056, §1; Acts 2004, No. 365, §1; Acts 2010, No. 456, §1; Acts 2010, No. 458, §1.

Plain-English Summary

Once the deposition starts, Paragraph A sets the basic mechanics. Examination and cross-examination proceed the way they would at trial, governed by the Louisiana Code of Evidence. The officer presiding over the deposition — defined in Paragraph C as a certified shorthand reporter or an official or deputy court reporter — administers the oath and records the testimony, either personally or through someone acting under their direction, stenographically or by another method, with a transcript prepared if any party asks for one.

Paragraph B controls how objections work without a judge in the room. The officer notes objections on the record rather than ruling on them, and recording stops only if every counsel and party present agrees or the deposition is terminated or suspended under Article 1444. Objections have to be stated concisely, without argument and without suggesting an answer to the witness — the rule against coaching a deponent through a "speaking objection." Testimony objected to is still taken, subject to the objection, so the deposition keeps moving and the fight over admissibility waits for another day. Counsel must stay professional throughout, and are subject to the court's contempt power for failing to. Rather than examine live, a party can instead serve written questions in a sealed envelope on the party taking the deposition, who transmits them to the officer to read to the witness.

Paragraph D reserves most objections for trial or whatever later use is made of the deposition, unless the parties stipulate otherwise or Article 1455 says differently. Instructing a witness not to answer at all is reserved for a short list of situations: preserving a privilege, enforcing a limit the court has already imposed, blocking harassing or repetitious questions, or heading off questions seeking information that is neither admissible nor reasonably calculated to lead to admissible evidence. Paragraph E backs this up with teeth: a court that finds an objection violated the article can order the violating party to pay for editing or redacting the transcript or video, plus other costs or sanctions, absent good cause shown.

Frequently Asked Questions

Can a lawyer instruct a witness not to answer a deposition question in Louisiana?

Only in narrow circumstances: to preserve a privilege, to enforce a court-ordered limitation, to prevent harassing or repetitious questions, or to prevent questions seeking information that is neither admissible nor reasonably calculated to lead to admissible evidence.

Are objections argued and ruled on during a Louisiana deposition?

No. The officer notes objections on the record but does not rule on them. Testimony objected to is still taken, subject to the objection, and the ruling waits for trial or other use of the deposition.

Who qualifies as the officer at a Louisiana deposition?

A certified shorthand reporter holding a valid certificate, or an official or deputy official court reporter, as those terms are defined by statute.

What happens if a lawyer makes improper speaking objections at a deposition?

A court that finds an objection violated Article 1443's requirements can order the violating party to pay for editing or redacting the transcript or video, along with other costs or sanctions, unless good cause is shown.

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

Also known as: deposition objections Louisianainstruct witness not to answer Louisianawho can be an officer at a deposition Louisianacertified shorthand reporter deposition Louisianaspeaking objections deposition LouisianaArticle 1443 Louisiana Code of Civil Procedure