A writ of habeas corpus, mandamus, or quo warranto may be ordered by the court only on petition. The proceedings may be tried summarily and the writ when ordered may be signed by the clerk under the seal of the court, or it may be issued and signed by the judge without further formality.
Art. 3781.Petition; Summary Trial; Issuance of Writs
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3781 opens Louisiana's extraordinary remedies title by requiring a petition before any court can order a writ of habeas corpus, mandamus, or quo warranto, and by allowing the proceeding to be tried summarily with the writ signed by either the clerk or the judge.
Full Text of Art. 3781
Plain-English Summary
Article 3781 opens Title III by setting the procedural gateway for all three extraordinary remedies covered in the chapters that follow: habeas corpus, mandamus, and quo warranto. None of these writs issues on a court's own initiative. Louisiana requires someone to ask for it through a petition, the same starting document that begins most civil litigation, before a court can order a writ of any of these three kinds.
Once a petition is filed, Article 3781 allows the proceeding to move on a summary track rather than through the full sequence of an ordinary lawsuit. That matters because the interests these writs protect — personal liberty in a habeas corpus case, a public duty going unperformed in a mandamus case, or an office being wrongfully held in a quo warranto case — often cannot wait for the pace of ordinary litigation.
The article also describes two paths a writ can take once the court decides to order one. The clerk of court can sign it under the court's seal, a largely administrative act once the judge has directed that it issue, or the judge can sign and issue it directly, without further formality. Either method produces a writ with the same legal force; the choice is a matter of convenience rather than substance.
Chapters 2 through 4 build on this foundation, filling in the specific requirements for each of the three writs. Article 3781 supplies what they share in common: a petition to start the case, a summary procedure to resolve it, and a flexible mechanism for the writ itself to issue.
Frequently Asked Questions
What writs does Louisiana's extraordinary remedies title cover?
Habeas corpus, mandamus, and quo warranto. Article 3781 supplies the shared procedural starting point for all three before the later chapters address what makes each one distinct.
Can a Louisiana court order one of these writs without anyone asking for it?
No. Article 3781 requires a petition before a court can order a writ of habeas corpus, mandamus, or quo warranto.
What does it mean for a proceeding to be tried summarily?
It means the case can move on an expedited schedule rather than through the full sequence of pleadings, delays, and discovery that an ordinary proceeding involves, reflecting how urgent the underlying interest usually is.
Who signs the writ once the court orders it?
Either the clerk of court, signing under the court's seal, or the judge, signing and issuing it directly without further formality. Article 3781 allows both methods.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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