Art. 3823.Persons Authorized to Make Service; Proof of Service

Article 3823 relaxes the usual rules about who can serve court process for a writ of habeas corpus. Rather than requiring service through a sheriff, as much of Louisiana civil practice does, the article allows any person over the age of twenty-one who is capable of testifying to serve the writ.

That flexibility matters given how quickly a habeas corpus case can move. Article 3782 can set the hearing as soon as two days after service, and Article 3781 commits the whole proceeding to summary treatment. Waiting on a sheriff's schedule to accomplish service could eat into that narrow window before the case has even properly started.

To keep service by a private person reliable, Article 3823 gives it evidentiary weight: when someone other than a sheriff serves the writ, that person's affidavit stating how and when service was made counts as prima facie proof of service. The court does not need separate corroboration before treating service as accomplished, though the other side remains free to contest the affidavit's accuracy.