The person upon whom the writ has been served, whether it is directed to him or not, shall file an answer stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer by what authority he holds the person detained.
Art. 3825.Answer; Production of Person In Custody
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3825 requires anyone served with a writ of habeas corpus to answer whether he holds the named person in custody, and, if he does, to produce that person and state in the answer exactly what authority justifies the detention.
Full Text of Art. 3825
Plain-English Summary
Article 3825 tells anyone served with a habeas corpus writ exactly what the answer has to say. First, it has to state whether the person served has custody of the individual named in the writ at all — a threshold fact the court needs before it can decide anything else.
Notably, this duty to answer is not limited to the person the writ names. Article 3825 requires an answer from anyone served, whether or not the writ was directed to him specifically. That closes an obvious gap: someone who has physical custody of the detained person, even without being the writ's named target, still has to respond and account for that custody.
If the person served does have custody, the answer has to go further than a bare admission. Article 3825 requires production of the detained person and a statement of exactly what authority justifies holding him. That second requirement is the heart of habeas corpus: the custodian does not just confirm custody exists, but explains, on the record, the legal basis claimed for it, which the court can then test at the hearing.
Frequently Asked Questions
What must the answer to a habeas corpus writ say?
Whether the person served has custody of the individual named in the writ, and, if so, the authority claimed for holding him. Article 3825 requires both.
Do I have to produce the person if I have custody of them?
Yes. Article 3825 requires production of the person along with the answer stating the authority for the custody.
What if the writ was not directed to me, but I have custody of the person?
You still have to answer. Article 3825 requires an answer from anyone served with the writ, regardless of whether it was directed to him.
Does stating a reason for the custody end the case?
No. The answer explains the claimed authority, but the court still tests that authority at the hearing before deciding whether the custody is lawful.
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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