When a person is in custody by virtue of a prior court order, or at the request of any person, reasonable written notice of the hearing shall be given to the person who provoked the prior court order or requested the custody.
Art. 3829.Notice of Hearing
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 2. Habeas Corpus · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3829 requires reasonable written notice of a habeas corpus hearing to be given to whoever obtained the prior court order placing a person in custody, or whoever requested that custody, so that person can appear and defend the arrangement before it is altered.
Full Text of Art. 3829
Plain-English Summary
Article 3829 protects a person with a stake in an existing custody arrangement from being cut out of the habeas corpus proceeding that could change it. When a person is in custody because of a prior court order, or because someone requested that custody, the person behind that order or request gets reasonable written notice of the habeas corpus hearing.
This matters most where the current custody did not arise informally, but through some earlier proceeding or deliberate request. That earlier order or request reflects a decision someone made, or a court already reached, and Article 3829 gives that person a chance to appear at the habeas corpus hearing and explain why the existing arrangement should stand before a different court disturbs it.
The notice requirement is not tied to a rigid formula; the article calls for reasonable written notice, leaving the specifics to fit the circumstances of the case, so long as the person with a stake in the prior order learns of the hearing in time to participate.
Frequently Asked Questions
Who gets notice of a habeas corpus hearing under Article 3829?
Whoever obtained the prior court order that placed the person in custody, or whoever requested that custody, gets reasonable written notice of the hearing.
Why does the person behind a prior custody order need notice?
So that person can appear at the habeas corpus hearing and defend the existing custody arrangement before the court potentially changes it.
How much notice counts as reasonable under this article?
Article 3829 does not set a fixed number of days; what counts as reasonable depends on the circumstances, so long as it gives the person a real chance to appear.
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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