Art. 3823 Persons authorized to make service; proof of service

If you have a writ of habeas corpus that needs to be delivered, the law gives you some flexibility on who can do it. The person delivering the writ just needs to be at least 21 years old and capable of testifying in court. This means it doesn't have to be a sheriff or law enforcement officer.

If someone other than a sheriff delivers the writ, that person needs to sign an affidavit stating they served it. This affidavit acts as basic proof that the delivery actually happened. The court will accept this sworn statement as evidence of service unless someone challenges it with contrary proof.

This rule matters because habeas corpus cases often deal with urgent situations, like someone being held in custody unlawfully. Allowing more people to serve these writs helps make sure they get delivered quickly, without being stuck waiting for a sheriff to become available.