By Adam P. Massey
Member, Strauss Massey Dinneen

Don’t get caught off guard—Louisiana’s deposition rules are a different animal.

Whether you’re defending or taking an expert deposition, it all starts with the rules. And in Louisiana, there are a lot of them.

In federal court, we typically rely on a concise, familiar set: Rules 26 through 32, plus 37 and 45 of the Federal Rules of Civil Procedure. These govern everything from expert disclosures (Rule 26) to oral depositions (Rule 30), objections (Rule 32), sanctions (Rule 37), and subpoenas (Rule 45). Straightforward, right?

Now let’s talk Louisiana.

Our state Code of Civil Procedure isn’t so minimalist. It includes 33 separate Articles that govern depositions—and you need to know which ones apply in each situation. It’s a procedural thicket that can trap even experienced litigators.

Key Louisiana Rules for Depositions

Take Article 1425, Louisiana’s version of FRCP 26. It governs expert disclosures, but with some critical differences:

• Expert reports must be produced either
  (1) on a court-ordered schedule,
  (2) by written agreement, or
  (3) no later than 90 days before trial by default.
• Rebuttal reports are due 30 days after the opposing expert is disclosed.
• Most importantly, you cannot depose an expert until their Article 1425 report has been produced.

Other key differences include:

• Art. 1442 (corporate rep depositions)
  • Similar to Rule 30(b)(6), but requires careful designation of topics
• Art. 1436.1 (remote depositions)
  • Louisiana codifies remote appearance rules
• Art. 1435 (interstate depositions)
  • Governs taking depos across state lines
• Art. 1441 (notices with document requests)
  • Expands how and when docs must be produced
• Art. 1452 (deposing lawyers)
  • Strictly limits depositions of attorneys; court approval is required

Federal Rules Still Apply — Differently

While Federal Rule 26(a)(2)(B) requires retained experts to produce a comprehensive written report, Louisiana is more flexible — but also more ambiguous.

• In federal court, the report must include all opinions, the basis and reasons, and facts/data considered — not just relied upon
• Rule 26(b)(4)(C) shields most attorney–expert communications, except those relating to compensation or the facts and assumptions provided

And don’t forget Federal Rule 45 when subpoenaing an out-of-state expert’s file — or chasing documents they “forgot” to bring.

Strategic Targets in Any Expert Deposition

Use your deposition to drill into:

• Methodology – Meet the Daubert standard.
• Bias – Prior testimony, financial motivation, repeat retention.
• Assumptions – Were they given neutral facts or advocacy?
• Tech Use – Did they rely on AI tools or black-box software?
• Prior Reports – Are they recycling opinions word-for-word?
• Fee Schedules – Are their charges excessive or unusual?
• Subpoenas – In Louisiana, consider a subpoena duces tecum for the full file.

Bottom Line

If you’re prepping for a deposition in Louisiana, don’t assume the federal rules apply — or that they apply the same way. Download a copy of the Code, highlight those Articles, and know the local terrain.

Or better yet — call us.

In our next post, we’ll walk through some of the expert deposition nightmares we’ve seen firsthand — from draft report disputes to outrageous fee demands and AI-generated testimony.

Stay tuned.

Have Questions or Need Guidance?

If you have questions about how these issues may affect your case in Louisiana or across the Gulf South, or you’re facing a complex dispute, fraud, or bad faith claim where strategy and precision matter, I’m always happy to talk. My practice focuses on helping insurers and businesses navigate high‑stakes litigation with clarity, efficiency, and a plan that moves the needle.

Feel free to reach out—I’m glad to be a resource whenever you need one.

Adam Massey