If the person upon whom the writ of habeas corpus is served has transferred the custody of the person detained prior to service of the writ, he shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where the person detained is then in custody.
Art. 3826.Transfer of Custody; Answer
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3826 requires a person served with a habeas corpus writ who transferred custody before service to disclose in his answer who now holds the person, when and under what authority the transfer occurred, and where the detained person currently is.
Full Text of Art. 3826
Plain-English Summary
Article 3826 closes off an obvious way to dodge a habeas corpus writ: moving the detained person to someone else's custody before the writ can be served. Rather than letting that transfer defeat the proceeding, the article requires the person served to disclose the full picture of what happened.
The answer has to name the person to whom custody was transferred and give an address for that new custodian, so the petitioner and the court know exactly where to direct the case next. It also has to state when the transfer happened and what authority supported it, information that matters to whether the transfer itself was proper.
Finally, the answer has to say where the detained person currently is held. Taken together, these disclosure requirements mean a custodian cannot respond that he no longer has custody and leave it there; Article 3826 forces a complete account that lets the habeas corpus proceeding follow the person, rather than stopping at whoever happened to be served first.
Frequently Asked Questions
Can someone avoid a habeas corpus writ by transferring custody before being served?
No. Article 3826 requires the person served to disclose the new custodian's identity, address, and the timing and authority for the transfer, along with where the detained person currently is.
What has to be in the answer if custody changed hands before service?
The name and address of the person who now has custody, when and under what authority the transfer occurred, and the current location of the detained person.
Why does Louisiana require this level of detail about a custody transfer?
To prevent a custodian from defeating the writ by moving the detained person and answering only that he no longer has custody, leaving the petitioner with nowhere to go.
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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