Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB214 Introduced / Bill

                    SLS 22RS-269	ORIGINAL
2022 Regular Session
SENATE BILL NO. 214
BY SENATOR LUNEAU 
CIVIL PROCEDURE.  Provides for deposition of claims adjusters who reside outside of
Louisiana. (8/1/22)
1	AN ACT
2 To amend and reenact Code of Civil Procedure Art. 1435, relative to depositions taken in
3 other states; to provide for depositions of out-of-state claims adjusters; and to
4 provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1.  Code of Civil Procedure Art. 1435 is hereby amended and reenacted to
7 read as follows:
8 Art. 1435.  Deposition taken in another state, or in a territory, district, or foreign
9	jurisdiction; claims adjusters
10	A. If the witness whose deposition is to be taken is found in another state, or
11 in a territory, district, or foreign jurisdiction, the law of the place where the
12 deposition is to be taken shall govern the compulsory process to require the
13 appearance and testimony of witnesses, but otherwise the provisions of this Chapter
14 or of R.S. 13:3823 shall be applicable to such a deposition.
15	B. However, claims adjusters who reside in another state, or in a
16 territory, district, or foreign jurisdiction, shall return to the venue where
17 the case is pending to provide pretrial deposition or testimony at trial.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 214
SLS 22RS-269	ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 214 Original 2022 Regular Session	Luneau
Present law provides that the compulsory process to require the appearance and testimony
of witnesses for a deposition taken out-of-state, or in a territory, district, or foreign
jurisdiction, is governed by the law of the place where the deposition is to be taken. Present
law provides that otherwise, present law will be applicable to such a deposition.
Proposed law retains present law except that it requires claims adjusters who reside in
another state, or in a territory, district, or foreign jurisdiction, to return to the venue where
the case is pending to provide pretrial deposition or testimony at trial.
Effective August 1, 2022.
(Amends C.C. Art. 1435)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.