Terms Used In Louisiana Code of Criminal Procedure 360

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Custody: as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding. See Louisiana Code of Criminal Procedure 351
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

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, or on a legal holiday.