Art. 1636.Evidence Held Inadmissible; Record Or Statement As to Nature Thereof

Book II. Ordinary Proceedings · Title V. Trial · Chapter 4. Trial Procedure · Enacted 1993 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 1636 requires a Louisiana trial court that excludes evidence to let the offering party either make a complete record of it or state its nature for the record, state the reason for the exclusion, and allow the excluded evidence to be preserved later by deposition if needed, so the ruling can be reviewed on appeal.

Full Text of Art. 1636

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A. When the court rules against the admissibility of any evidence, it shall either permit the party offering such evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence. B. At the request of any party, the court may allow any excluded evidence to be offered, subject to cross-examination: on the record during a recess or such other time as the court shall designate; or by deposition taken before a person authorized by Article l434 within thirty days subsequent to the exclusion of any such evidence or the completion of the trial or hearing, whichever is later. When the record is completed during a recess or other designated time, or by deposition, there will be no necessity for the requesting party to make a statement setting forth the nature of the evidence. C. In all cases, the court shall state the reason for its ruling as to the inadmissibility of the evidence. This ruling shall be reviewable on appeal without the necessity of further formality. D. If the court permits a party to make a complete record of the evidence held inadmissible, it shall allow any other party the opportunity to make a record in the same manner of any evidence bearing upon the evidence held to be inadmissible.

End

Amendment History

Acts 1993, No. 985, §1.

Plain-English Summary

When a judge rules evidence inadmissible, the offering party does not just lose it. Article 1636 requires the court to let that party build a record of the excluded evidence, either a complete record or at least a statement describing its nature, so an appellate court can later judge whether excluding it was correct.

That record does not have to happen on the spot. The court can allow the excluded evidence to be offered, subject to cross-examination, during a recess or another designated time, or by deposition taken within thirty days after the exclusion or the completion of the trial or hearing, whichever comes later. When the record is made that way, there is no separate need for a statement describing the evidence's nature.

The court also has to state its reason for excluding the evidence, and that ruling is reviewable on appeal without further formality. If the offering party gets to make a complete record of the excluded evidence, the other party gets the same opportunity to record evidence bearing on that excluded material.

Frequently Asked Questions

What happens when a Louisiana judge excludes evidence at trial?

The offering party gets to make a complete record of it, or a statement describing its nature, and the court must state its reason for the ruling.

Can excluded evidence be preserved outside the courtroom?

Yes, by deposition taken within thirty days after the exclusion or the trial's completion, whichever is later.

Does the other side get to respond to a proffer of excluded evidence?

Yes. If a party makes a complete record of excluded evidence, the other party may make its own record of evidence bearing on that excluded material.

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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