Terms Used In Louisiana Code of Civil Procedure 3821

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

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 Chapter, includes detention and confinement.

A petition for a writ of habeas corpus may be filed by the person in custody or by any other person in his behalf.