Terms Used In Louisiana Code of Criminal Procedure 355

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.

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 of such service.