Except as otherwise provided by law, a petition for a writ of habeas corpus, mandamus, or quo warranto shall be assigned for hearing not less than two or more than ten days after the service of the writ; but, upon proper showing, the court may assign the matter for hearing less than two days after the service of the writ.
Art. 3782.Return Date
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 1. General Dispositions · Last amended 1966 · Last verified July 30, 2026
In one sentenceArticle 3782 sets the default hearing window for a petition seeking a writ of habeas corpus, mandamus, or quo warranto at not less than two nor more than ten days after service, while letting the court compress that window further on a proper showing of urgency.
Full Text of Art. 3782
Amendment History
Amended by Acts 1964, No. 483, §1; Acts 1966, No. 36, §1.
Plain-English Summary
Article 3782 fixes the timetable for hearing a petition seeking a writ of habeas corpus, mandamus, or quo warranto. The default window runs from two to ten days after the writ is served on the defendant, giving the defendant at least a short interval to prepare an answer while keeping the case moving well ahead of an ordinary lawsuit's pace.
That two-day floor is not absolute. On a proper showing, the court can assign the hearing sooner than two days after service. A habeas corpus petitioner facing an unlawful detention, or a party seeking to stop an official from ignoring a clear legal duty, may not be able to wait even the minimum period the article otherwise sets.
The ten-day ceiling works in the other direction, keeping these cases from drifting toward an ordinary proceeding's slower calendar. Because Article 3781 already commits every case under this title to summary treatment, Article 3782 gives that commitment a concrete deadline rather than leaving the return date to each court's general docket practices.
Frequently Asked Questions
How soon after service must a Louisiana writ petition be heard?
Not less than two nor more than ten days after service, under Article 3782, unless another law sets a different schedule.
Can the hearing happen sooner than two days after service?
Yes, if the party asking for the expedited date makes a proper showing to the court justifying it.
What is a 'return date' in this context?
It is the date the court assigns for the hearing on the writ petition, the day the defendant must appear and respond, set within the window Article 3782 establishes.
Does this deadline apply to all three extraordinary remedies?
Yes. Article 3782 applies to petitions for habeas corpus, mandamus, and quo warranto alike, unless some other law provides a different return date for a particular case.
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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