Hart v. Hart

Louisiana Court of Appeal

Hart v. Hart

460 So. 2d 1129, 1984 La. App. LEXIS 10078

CourtLouisiana Court of Appeal

DecidedDecember 5, 1984

DocketNo. 16635-CA

StatusPublished

Cited by2 cases

This text of 460 So. 2d 1129 (Hart v. Hart) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hart v. Hart, 460 So. 2d 1129, 1984 La. App. LEXIS 10078 (La. Ct. App. 1984).

Pincite

Opinion

MARVIN, Judge.

Mr. Hart, who is embroiled in divorce litigation with his wife in Texas, appeals a judgment denying his demands in a rule to show cause against his wife’s parents why they should not be cast for $625 costs incurred by him because of their failure to [1130]*1130appear, when subpoenaed, for the purpose of giving depositions.

Appellant erroneously bases his rule on CCP Art. 1473. The sanctions of that article, however, do not apply to a deponent who is not a party or who is not designated to be a deponent by an organization that is a party. Compare Art. 1447.

Appellant’s in-laws are not parties. Hart has no cause of action against them for his expenses caused by their alleged disobedience. CCP Arts. 927, 934. A witness-deponent who disobeys a subpoena for a deposition is subject only to the contempt authority of the court. See CCP Art. 1357 and comment (d) thereunder. Appellant’s in-laws were not cited for contempt.

At appellant’s cost, the judgment denying and dismissing his demands is AFFIRMED.

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