Art. 736.  Return of subpoena by sheriff

A.  The sheriff shall endorse on a copy of the subpoena the date, place, type of service, and sufficient other data to show service in compliance with law.  When the witness cannot be found, the sheriff must set out in his return every fact that in his opinion justifies the return.  He shall sign and return the copy promptly after the service to the court that issued the subpoena.  The return, when received by the clerk, shall form part of the record and shall be considered prima facie correct.

B.  The criminal sheriff for the Parish of Orleans when serving subpoenas under the provisions of Paragraph A of Article 735 of the Louisiana Code of Criminal Procedure shall endorse on a copy of the subpoena the date and time of mailing, and shall attach the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the subpoena.  He shall return the copy and the attached receipt to the court that issued the subpoena.  The return, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.

Amended by Acts 1968, No. 511, §1.