                                 CODE OF VIRGINIA

WHEN AND WHERE PETITION FILED; WHAT PETITION TO CONTAIN (§ 8.01-654)

A. 1. A petition for a writ of habeas corpus ad subjiciendum may be filed in the
Supreme Court or any circuit court showing by affidavits or other evidence that
the petitioner is detained without lawful authority.

   2. A petition for writ of habeas corpus ad subjiciendum, other than a petition
   challenging a criminal conviction or sentence, shall be brought within one
   year after the cause of action accrues. A habeas corpus petition attacking a
   criminal conviction or sentence shall be filed within two years from the date
   of final judgment in the trial court or within one year from either final
   disposition of the direct appeal in state court or the time for filing such
   appeal has expired, whichever is later.

B. 1. With respect to any such petition filed by a petitioner whose detention
originated under criminal process, and subject to the provisions of § 17.1-310,
only the circuit court that entered the original judgment or order resulting in
the detention complained of in the petition shall have authority to issue writs
of habeas corpus. If a district court entered the original judgment or order
resulting in the detention complained of in the petition, only the circuit court
for the city or county wherein the district court sits shall have authority to
issue writs of habeas corpus. Hearings on such petition, where granted in the
circuit court, may be held at any circuit court within the same circuit as the
circuit court in which the petition was filed, as designated by the judge
thereof.

   2. Such petition shall contain all allegations the facts of which are known to
   petitioner at the time of filing and such petition shall enumerate all
   previous applications and their disposition. No writ shall be granted on the
   basis of any allegation the facts of which petitioner had knowledge at the
   time of filing any previous petition. The provisions of this section shall not
   apply to a petitioner&#8217;s first petition for a writ of habeas corpus when
   the sole allegation of such petition is that the petitioner was deprived of
   the right to pursue an appeal from a final judgment of conviction or probation
   revocation, except that such petition shall contain all facts pertinent to the
   denial of appeal that are known to the petitioner at the time of the filing,
   and such petition shall certify that the petitioner has filed no prior habeas
   corpus petitions attacking the conviction or probation revocation.

   3. Such petition may allege detention without lawful authority through
   challenge to a conviction, although the sentence imposed for such conviction
   is suspended or is to be served subsequently to the sentence currently being
   served by petitioner.

   4. In the event the allegations of illegality of the petitioner&#8217;s
   detention can be fully determined on the basis of recorded matters, the court
   may make its determination whether such writ should issue on the basis of the
   record.

   5. The court shall give findings of fact and conclusions of law following a
   determination on the record or after hearing, to be made a part of the record
   and transcribed.

   6. If petitioner alleges as a ground for illegality of his detention the
   inadequacy of counsel, he shall be deemed to waive his privilege with respect
   to communications between such counsel and himself to the extent necessary to
   permit a full and fair hearing for the alleged ground.

HISTORY: Code 1950, § 8-596; 1958, c. 215; 1968, c. 487; 1977, c. 617; 1978, c.
124; 1995, c. 503; 1998, c. 577; 2005, c. 836; 2019, cc. 8, 48; 2021, Sp. Sess.
I, cc. 344, 345.