If the person in custody cannot be brought before the court, the reasons therefor shall be stated in the answer. The hearing may proceed as if he had been produced.
Art. 3827.Inability to Produce 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 3827 excuses production of a person held in custody when he cannot be brought before the court, so long as the answer states the reasons why, and lets the habeas corpus hearing proceed on the existing record as though he had been produced.
Full Text of Art. 3827
Plain-English Summary
Article 3827 addresses a practical problem: sometimes the detained person cannot be brought before the court, whatever the answer says about custody and authority. Rather than treating that inability as a violation, the article builds in an accommodation, provided the reasons for it are disclosed.
The person served has to state, in the answer, why production is not possible. That could involve a medical condition, distance, or another practical obstacle. Article 3827 does not list acceptable reasons; it requires only that whatever the reason is, it be put on the record rather than left unexplained.
Once the reasons are stated, the case does not stall. Article 3827 lets the hearing proceed on the existing record as though the person had been produced, so the court can still resolve the lawfulness of the custody based on the answer and whatever evidence the parties present, rather than waiting indefinitely for a production that may not be feasible.
Frequently Asked Questions
What happens if the detained person cannot physically be brought to court?
Article 3827 lets the hearing proceed as if he had been produced, so long as the answer states the reasons why production was not possible.
Do I need to explain why I couldn't produce the person in custody?
Yes. Article 3827 requires the reasons for the inability to be stated in the answer.
Does failing to produce the person delay the habeas corpus hearing?
Not necessarily. The court can hold the hearing on the existing record and resolve the case even without the person physically present, once the reasons are disclosed.
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
Also known as: inability to produce person habeas corpusArticle 3827 Louisianahabeas corpus hearing without productionexcused production habeas corpus Louisianareasons for not producing detained person