TITLE IX HABEAS CORPUS Art. 351. Habeas corpus; definition Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody. "Custody" as used in this Title means detention or confinement as a result of or incidental to an […]
Art. 352. Venue Habeas corpus proceedings by or on behalf of a person in custody shall be instituted in the parish in which the person is in custody. Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
Art. 353. Application for writ; form and contents An application for a writ of habeas corpus shall be by written petition addressed to a competent court by the person in custody or by some other person in his behalf. If the custody is by virtue of or under pretext of a court order, a copy […]
Art. 354. Granting of writ; time and place for answer The court to which the application is presented shall immediately grant a writ of habeas corpus, unless it appears by the petition itself or by the documents annexed to it that the person in custody is not entitled to be set at liberty. The writ […]
Art. 355. Persons authorized to make service; proof of service A writ of habeas corpus may be served by a person over the age of twenty-one who is capable of testifying. If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof […]
Art. 356. Method of service Service of the writ may be made on any day by: (1) Delivering it to the person to whom it is addressed; (2) Informing him of its contents if he refuses to receive it; or (3) Attaching the writ to an entrance door of the residence of the person to […]
Art. 357. Answer; production of person in custody The person upon whom the writ has been served, whether it is directed to him or not, shall file a written answer, signed and sworn to by him stating whether he has custody of the person named in the writ. If the person is in his custody, […]
Art. 358. Transfer of custody; answer If the custody has been transferred prior to service of the writ, the person upon whom the writ was served shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place […]
Art. 359. Nonproduction of person confined; justification If the person in custody cannot for any reason be brought before the court, the reasons therefor shall be stated in the answer. If the court is satisfied with the reasons stated, the hearing may proceed without his presence. If the court is not satisfied with the reasons […]
Art. 360. Hearing At the time and place fixed in the writ for the answer thereto, the court shall proceed summarily to hear the evidence and reasons adduced by the person in custody and by the custodian. The hearing shall be held in open court and may be held in term time or in vacation, […]
Art. 361. Custody without court order If the person in custody is being held not by virtue of a court order, the court, after the hearing, shall discharge or refuse to discharge the person from custody as justice may require.
Art. 362. Custody with court order If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds: (1) The court has exceeded its jurisdiction; (2) The original custody was lawful, but by some act, omission, or event which has since occurred, the custody […]
Art. 363. Effect of appeal The writ of habeas corpus shall not be granted to a convicted person for a cause under Article 362, if he may appeal, or has done so and the appeal is pending.
Art. 364. New warrant; when issued The court shall issue a new warrant of arrest when it appears that there exists sufficient legal ground for the custody of the person based on an offense with which he may be charged, although the order for the custody may have been rendered in an irregular or unauthorized […]
Art. 365. Burden of proof If the person in custody is being held not by virtue of a court order, the custodian shall have the burden of proving the legality of the custody and of showing good cause why the person in custody should not be released. If the person in custody is being held […]
Art. 366. Custody pendente lite At the time of issuing the writ the court may render a special order concerning the custody of the person from the time the writ is served until rendition of judgment.
Art. 367. Rearrest after discharge A person discharged from custody in a habeas corpus proceeding may be rearrested if a legal ground exists therefor.
Art. 368. Disobedience of writ or judgment; contempt A person who fails to comply with the writ of habeas corpus, or with a judgment rendered on a petition for a writ of habeas corpus may be punished for contempt.
Art. 369. Appeal not permitted There shall be no appeal from a judgment granting or refusing to grant release upon a petition for a writ of habeas corpus.
Art. 370. Custody pending application for writs A person in custody shall not be released upon a writ of habeas corpus until forty-eight hours after the judgment ordering the release has been entered or until an application by the state for supervisory writs has been denied, whichever occurs first, if: (1) The state has announced […]
