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Art. 3824.Method of Service

Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 3824 requires a writ of habeas corpus to be served personally on the party addressed or holding custody using Louisiana's ordinary personal-service rules, and permits substituted service by posting the writ on the residence door or the door of the place of custody when personal service fails.

Full Text of Art. 3824

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A writ of habeas corpus shall be served upon the party to whom it is addressed or who has the person in custody in the manner provided by Articles 1232 and 1233. If personal service cannot be made, service may be made by attaching the writ to an entrance door of the residence of the party to be served or to a door of the place where the person is in custody.

Plain-English Summary

Article 3824 sets the method for serving a habeas corpus writ, starting with personal service on the party to whom the writ is addressed, or on whoever holds the detained person in custody, using the same personal-service procedures Louisiana uses generally in civil practice.

When personal service cannot be accomplished, Article 3824 supplies a fallback rather than letting the case stall. The writ can instead be attached to an entrance door — either the residence of the party being served, or the door of the place where the detained person is being held. This kind of posted, substituted service is unusual in ordinary civil practice, but it fits the urgency habeas corpus cases carry.

Giving the petitioner two possible doors to use, the residence of the person being served or the place of custody itself, increases the odds that service reaches someone connected to the case even when the party addressed cannot be located or served in hand.

Frequently Asked Questions

How is a habeas corpus writ served in Louisiana?

Personally, on the party addressed or the person holding custody, following the same procedures used for ordinary personal service. Article 3824 allows substituted service by posting if personal service fails.

What happens if the person to be served cannot be found?

Article 3824 allows the writ to be attached to an entrance door — either the residence of the party being served or the door of the place where the detained person is held.

Is posting the writ on a door unusual under Louisiana civil procedure?

It departs from how most civil pleadings are served, but Article 3824 permits it as a fallback for habeas corpus specifically, given how quickly these cases need to move.

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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