Louisiana

The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Louisiana:

The party seeking the subpoena must comply with the following state statutes:

Interstate and International Depositions and Discovery Act:

Click here for Louisiana Rule Section 3825

Foreign Depositions:

Click here for Louisiana Rule Section 3821

Serving the subpoena:

Click here for Louisiana CCP 1355

Louisiana sample subpoena form:

Click here for Louisiana Forms

Required Steps:

  1. A party must present the original or a certified copy of a foreign subpoena to the clerk of court of the parish in which discovery is sought to be conducted in this state.  A request for the issuance of a subpoena under this Section does not constitute an appearance in the courts of this state.
  2. When a party presents a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
  3. A subpoena issued under these rules must identify the caption and case number of the out of state case to which it relates, and must incorporate the terms used in the foreign subpoena.
  4. It must also state the name of the court in Louisiana which has issued it with an identifying number.
  5. It must also contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  6. Pay filing fees as specified by each parish.  Click on the County/Parish link on this page.

 

Witness fees:

If the witness resides or is employed within the parish where the hearing is to be held, or outside the parish but within (25) miles from the place of the hearing: (R.S. 13:3671)

  1. Eight (8) dollars a day, plus
  2. Mileage rate of sixteen (16) cents a mile for the distance she/he is required to travel going to and returning from the place where the hearing is held.

If the witness resides outside the parish where the hearing is to be held, but within the State: (R.S. 13:3661) And more than twenty-five (25) miles from where the hearing is to be held:

  1. Witness fee at the rate of twenty-five (25) dollars a day, plus
  2. Reimbursement of the traveling expenses of the witness in traveling to the hearing and returning, at the rate of twenty (20) cents a mile, plus
  3. Hotel and meal expenses at the rate of five (5) dollars a day.

 

Notice time:  As per Louisiana Code of Civil Procedure section 1356, subpoenas and subpoenas duces tecum (for documents) compelling the appearance of a witness who is not a party shall be served within a reasonable period of time before the time specified for the deposition.

Notice to adverse parties: As per Louisiana Code of Civil Procedure section 1438, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.