RÉSUMÉ DIGEST
ACT 504 (SB 214) 2022 Regular Session Luneau
Prior law provided for the compulsory process related to requiring the appearance and
testimony of witnesses that are located in another state, territory, district, or foreign
jurisdiction. Prior law further provided that the rules concerning any deposition are to be
governed by the law of the place where the deposition is to be taken.
New law retains prior law but creates an exception for an insurance claims adjuster who does
not reside in Louisiana but who makes a physical appearance in this state to adjust an
insurance claim.
New law requires a nonresident insurance claims adjuster who adjusted the Louisiana claim
to appear and testify at the trial in the parish or venue in which a civil suit is pending, and be
available for deposition by telephone or video teleconference.
New law provides that a deposition of a nonresident insurance claims adjuster taken via
telephone or video teleconference shall not be admissible as testimony at trial other than for
the purpose of impeachment, or upon the showing of death or incapacity of the deponent.
New law provides that "insurance claims adjuster" means those persons who are licensed or
registered with the Dept. of Insurance to investigate or adjust claims on behalf of an
insurance company as an independent contractor or an employee.
New law does not apply to any insurance claims adjuster for an insurer domiciled in
Louisiana.
Effective August 1, 2022.
(Amends C.C. Art. 1435)