Section 1452 – Effect of taking or using depositions; deposing attorneys of record

May 13, 2021 | Civil Procedure, Louisiana

A. A party does not make a person his own witness for any purpose by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in Article 1450(2). At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.
B. No attorney of record representing the plaintiff or the defendant shall be deposed except under extraordinary circumstances and then only by order of the district court after contradictory hearing.

La. C.P. § 1452

Acts 1976, No. 574, §1. Amended by Acts 1981, No. 767, §1.