A written answer to a petition for a writ shall be filed not later than the time fixed for the hearing.
Art. 3783.Answer
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3783 requires a written answer to a petition for a writ of habeas corpus, mandamus, or quo warranto to be filed no later than the hearing date itself, tying the answer deadline to the expedited schedule rather than to a fixed number of days after service.
Full Text of Art. 3783
Plain-English Summary
Article 3783 sets a single, simple deadline for answering a petition that seeks a writ of habeas corpus, mandamus, or quo warranto: the answer has to be on file no later than the time the hearing is set to begin. There is no separate fifteen- or thirty-day answer period borrowed from ordinary civil practice.
That deadline is a direct consequence of Article 3782's compressed return-date schedule. Because the hearing itself might be set for as little as two days after service, tying the answer deadline to the hearing date, rather than to a fixed number of days after service, keeps the two rules working together instead of one deadline arriving after the other has already passed.
The requirement that the answer be written also matters. A defendant cannot wait until the hearing itself to respond orally for the first time; Article 3783 requires the position to be committed to writing and filed with the court before the hearing proceeds, giving the petitioner and the court a fixed record of what is being contested.
Frequently Asked Questions
When is the answer due in a Louisiana writ proceeding?
No later than the time fixed for the hearing. Article 3783 ties the answer deadline to the hearing date rather than to a set number of days after service.
Does the answer have to be in writing?
Yes. Article 3783 requires a written answer, not an oral response offered for the first time at the hearing.
Why is the answer deadline tied to the hearing date instead of a fixed number of days?
Because Article 3782 can set the hearing as soon as two days after service, and tying the answer deadline to that same date keeps the compressed schedule workable.
Does Article 3783 apply to habeas corpus answers specifically?
It sets the general filing deadline across all three writs. Habeas corpus answers also have their own content requirements under Article 3825, which this article's deadline governs the timing of.
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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