§ 22:1931.11 — Investigative deposition

Louisiana § 22:1931.11

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

NOTE: Pursuant to R.S. 22:1931.13, this Section terminates on July 1, 2024.
§1931.11. Investigative deposition
A. When the attorney general has information, evidence, or reason to believe that a
violation of this Part has occurred, the attorney general may issue an investigative subpoena
for deposition testimony to any person or entity that may have information or knowledge
relevant to the matter under investigation, or for the purpose of revealing, identifying, or
explaining documentary material or other physical evidence sought under R.S. 22:1931.10.
The investigative subpoena shall contain a general description of the matter under
investigation and a notice informing the prospective deponent of his right to counsel at the
deposition with opportunity for cross-examination. The deposition shall be conducted at the
principal place of business of the deponent, at his place of residence, at his domicile, or, if
agreeable to the deponent, at some other place convenient to the attorney general and the
lawful and designated attorney representative of the deponent. The deposition shall be held
at a date no earlier than seven days after the date on which demand is received, unless the
attorney general or an assistant attorney general designated by the attorney general
determines that exceptional circumstances are present which warrant the commencement of
such testimony within a lesser period of time.
B. An investigative subpoena issued pursuant to this Part may be served by the
sheriff or a P.O.S.T.-certified investigator employed by the attorney general or by the office
of state police when the demand is issued to a resident or a domestic business entity of this
state. An investigative subpoena issued to a non-resident or a foreign business entity may
be served using long-arm jurisdiction as provided for in the Code of Civil Procedure.
C. When the investigative subpoena is issued to a business entity, the entity shall
designate one or more officers, directors, or managing agents, who are responsible for
complying with the subpoena on the entity's behalf, and may set forth, for each person
designated, the matters on which he will testify. The persons so designated shall testify as
to matters known or reasonably available to the organization.
D. Upon failure of a person or entity to comply with the investigative subpoena, the
attorney general may apply to the district court having jurisdiction over the person to compel
compliance with the investigative subpoena. Failure to comply with a court order is
punishable by contempt.

Legislative History

Acts 2012, No. 862, §1.