A. Every petition filed by a prisoner seeking a writ of habeas corpus must be filed on the form set forth in subsection B. The failure to use such form and to comply substantially with such form shall entitle the court to which such petition is directed to return such petition to the prisoner pending the use of and substantial compliance with such form. The petitioner shall be responsible for all statements contained in the petition and any false statement contained therein, if the same be knowingly or wilfully made, shall be a ground for prosecution and conviction of perjury as provided for in § 18.2-434.
§ 8.01-655.Form and contents of petition filed by prisoner.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-655 requires every prisoner-filed habeas corpus petition in Virginia to use the standardized form set by the Attorney General’s office, disclosing the trial, appeal, and prior-petition history under oath, with false statements exposing the signer to a perjury charge.
Full Text of § 8.01-655
B. Every petition filed by a prisoner seeking a writ of habeas corpus shall be filed on a form to be approved and provided by the office of the Attorney General, the contents of which shall be substantially as follows:
IN THE............................................................… COURT
..........................................................................…
Full name and prisonerCase No............................…
number (if any) of(To be supplied by
Petitionerthe Clerk of the
-vs-Court)
..........................................................................…
..........................................................................…
Name and Title of Respondent
PETITION FOR WRIT OF HABEAS CORPUS
Instructions--Read Carefully
In order for this petition to receive consideration by the Court, it must be legibly handwritten or typewritten, signed by the petitioner and verified before a notary or other officer authorized to administer oaths. It must set forth in concise form the answers to each applicable question. If necessary, petitioner may finish his answer to a particular question on an additional page. Petitioner must make it clear to which question any such continued answer refers. The petitioner may also submit exhibits.
Since every petition for habeas corpus must be sworn to under oath, any false statement of a material fact therein may serve as the basis of prosecution and conviction for perjury under § 18.2-434. Petitioners should, therefore, exercise care to assure that all answers are true and correct.
When the petition is completed, the original and two copies (total of
three) should be mailed to the clerk of the court. The petitioner shall keep one copy.
NOTICE
The granting of a writ of habeas corpus does not entitle the petitioner to dismissal of the charges for conviction of which he is being detained, but may gain him no more than a new trial.
..........................................................................…
Place of detention:....................................................…
A. Criminal Trial
1. Name and location of court which imposed the sentence from which you seek relief: ..........................................................................… ....................................................................…..…
2. The offense or offenses for which sentence was imposed (include indictment number or numbers if known): a...................................................................… b...................................................................… c...................................................................…
3. The date upon which sentence was imposed and the terms of the sentence: a...................................................................… b...................................................................… c...................................................................…
4. Check which plea you made and whether trial by jury: Plea of guilty: .......; Plea of not guilty:.......; Trial by jury:......; Trial by judge without jury:...…
5. The name and address of each attorney, if any, who represented you at your criminal trial: ..........................................................................… ..........................................................................… 6. Did you appeal the conviction?......................................… 7. If you answered "yes" to 6, state: the result and the date in your appeal or petition for certiorari: a...................................................................… b...................................................................… citations of the appellate court opinions or orders: a...................................................................… b...................................................................…
8. List the name and address of each attorney, if any, who represented you on your appeal: ..........................................................................… ..........................................................................…
B. Habeas Corpus
9. Before this petition did you file with respect to this conviction any other petition for habeas corpus in either a State or federal court?......… 10. If you answered "yes" to 9, list with respect to each petition: the name and location of the court in which each was filed: a.........................................…......................… b...................................................................… the disposition and the date: a...................................................................… b...................................................................… the name and address of each attorney, if any, who represented you on your habeas corpus: a...................................................................… b...................................................................…
11. Did you appeal from the disposition of your petition for habeas corpus? 12. If you answered "yes" to 11, state: the result and the date of each petition: a...................................................................… b...................................................................… citations of court opinions or orders on your habeas corpus petition: a...................................................................… b...................................................................… the name and address of each attorney, if any, who represented you on appeal of your habeas corpus:
a...................................................................… b...................................................................…
C. Other Petitions, Motions or Applications
13. List all other petitions, motions or applications filed with any court following a final order of conviction and not set out in A or B. Include the nature of the motion, the name and location of the court, the result, the date, and citations to opinions or orders. Give the name and address of each attorney, if any, who represented you. a...................................................................… b...................................................................… c...................................................................…
D. Present Petition
14. State the grounds which make your detention unlawful, including the facts on which you intend to rely: a...................................................................… b............…...................................................… c...................................................................… 15. List each ground set forth in 14, which has been presented in any other proceeding: a...................................................................… b...................................................................… c...................................................................… List the proceedings in which each ground was raised: a...................................................................… b...................................................................… c...................................................................… 16. If any ground set forth in 14 has not been presented to a court, list each ground and the reason why it was not: a...................................................................… b...................................................................… c...................................................................…
.............................................…
Signature of Petitioner
.............................................…
Address of Petitioner
STATE OF VIRGINIA
CITY/COUNTY OF...................................…
The petitioner being first duly sworn, says:
1. He signed the foregoing petition;
2. The facts stated in the petition are true to the best of his information and belief.
.............................................…
Signature of Petitioner
Subscribed and sworn to before me
this....… day of........................., 20...…
....................................… Notary Public
My commission expires:......................…
The petition will not be filed without payment of court costs unless the petitioner is entitled to proceed in forma pauperis and has executed the affidavit in forma pauperis.
The petitioner who proceeds in forma pauperis shall be furnished, without cost, certified copies of the arrest warrants, indictment and order of his conviction at his criminal trial in order to comply with the instructions of this petition.
AFFIDAVIT IN FORMA PAUPERIS
STATE OF VIRGINIA
CITY/COUNTY OF.............................…
The petitioner being duly sworn, says:
1. He is unable to pay the costs of this action or give security therefor; 2. His assets amount to a total of $....................…
.............................................…
Signature of Petitioner
Subscribed and sworn to before me
this....… day of........................., 20...…
....................................… Notary Public
My commission expires:..................…
Plain-English Summary
Section 8.01-655 does not leave the format of a prisoner’s habeas petition to chance. Every petition a prisoner files must go on the approved form, and a court that receives one that fails to substantially comply may return it to the prisoner until it is fixed. Because the form is sworn to under oath, any knowing or willful false statement in it can be prosecuted as perjury under § 18.2-434.
The form itself walks the petitioner through his case history: the criminal trial and sentence, whether he appealed and how that appeal came out, any earlier habeas corpus petitions and their results, any other post-conviction motions or applications, and the grounds for the present petition, including which of those grounds have already been raised elsewhere and why any that have not been raised were left out. A printed notice on the form also warns the petitioner that winning habeas relief does not dismiss the underlying charges — at most, it gets him a new trial.
A prisoner who cannot afford the filing costs is not shut out. The section includes an in forma pauperis affidavit for petitioners unable to pay court costs or post security for them, and a petitioner who proceeds that way must be furnished, without cost, certified copies of the arrest warrants, indictment, and conviction order needed to complete the petition.
Frequently Asked Questions
What happens if I do not use the official habeas corpus form?
The court to which the petition is directed may return it to you pending your use of, and substantial compliance with, the required form.
Can I be prosecuted for lying on my habeas corpus petition?
Yes. Because the petition must be sworn to under oath, a knowing or willful false statement of a material fact in it can be prosecuted as perjury under § 18.2-434.
Does winning my habeas corpus petition get my charges dismissed?
No. The form itself notifies petitioners that granting the writ does not entitle them to dismissal of the charges; it may gain them no more than a new trial.
Do I have to pay court costs to file a habeas corpus petition?
Not if you are entitled to proceed in forma pauperis and have executed the affidavit in forma pauperis included with the form.
What if I cannot afford copies of my arrest warrant or indictment to complete the form?
A petitioner proceeding in forma pauperis must be furnished, without cost, certified copies of the arrest warrants, indictment, and conviction order needed to comply with the petition’s instructions.
Amendment History
Code 1950, § 8-596.1; 1968, c. 359; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia habeas corpus formprisoner habeas corpus petition form virginiain forma pauperis habeas corpus virginiahabeas corpus perjury virginiavirginia habeas corpus affidavit poverty