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Current as of January 01, 2023 | Updated by Findlaw Staff
A. If the witness whose deposition is to be taken is found in another state, or in a territory, district, or foreign jurisdiction, the law of the place where the deposition is to be taken shall govern the compulsory process to require the appearance and testimony of witnesses, but otherwise the provisions of this Chapter or of R.S. 13:3823 shall be applicable to such a deposition.
B. (1) Notwithstanding any other provision of law to the contrary, an insurance claims adjuster who is not a resident of Louisiana but who has made a physical appearance in the state in order to adjust an insurance claim which is the subject of a civil suit shall be required to appear in person in the parish or venue in which the civil suit is pending and to testify at the trial on the merits.
(2) A nonresident insurance claims adjuster subject to the provisions of Subparagraph (1) of this Paragraph shall be available for deposition via telephone or video teleconference. A deposition 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.
(3) For purposes of this Article, “insurance claims adjuster” shall have the same meaning as “adjuster” as defined in R.S. 22:1661.
C. Paragraph B of this Article shall not apply to any insurance claims adjuster for an insurer domiciled in Louisiana.
Cite this article: FindLaw.com - Louisiana Code of Civil Procedure Tit. III, Art. 1435. Deposition taken in another state, or in a territory, district, or foreign jurisdiction; exceptions; nonresident insurance claims adjusters - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-civil-procedure/la-code-civ-proc-tit-iii-art-1435/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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