Louisiana Code of Criminal Procedure 356 – Method of service
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Terms Used In Louisiana Code of Criminal Procedure 356
- Custody: as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding. See Louisiana Code of Criminal Procedure 351
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Service of the writ may be made on any day by:
(1) Delivering it to the person to whom it is addressed;
(2) Informing him of its contents if he refuses to receive it; or
(3) Attaching the writ to an entrance door of the residence of the person to be served or of the place of custody if such person conceals himself or cannot be found or refuses admittance to the person attempting service.
A writ of habeas corpus, although addressed to a particular person, may be served in the manner provided by this article upon any person who has custody of the person whose release is sought.