In the discretion of the court or judge before whom the petitioner is brought, the affidavits of witnesses taken by either party, on reasonable notice to the other, may be read as evidence.
§ 8.01-660.When affidavits may be read.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-660 gives the judge hearing a habeas corpus case discretion to accept written witness affidavits as evidence, rather than requiring live testimony, so long as the opposing party received reasonable notice that the affidavits would be used.
Full Text of § 8.01-660
Plain-English Summary
Section 8.01-660 hands the court a shortcut around live testimony. If the judge chooses, affidavits taken by either party may be read into evidence at the hearing, so long as the other side had reasonable notice that the affidavits were coming.
The choice belongs to the court, not the parties — nothing in the section forces a judge to accept an affidavit in place of a witness on the stand. In practice, that discretion lets a habeas hearing move faster when the underlying facts are not seriously contested, while still leaving the door open for live testimony when credibility or detail truly matters.
Frequently Asked Questions
Can affidavits replace live witness testimony in a Virginia habeas corpus hearing?
Yes, in the discretion of the court or judge hearing the petition.
Does the other side get notice before affidavits are used against it?
Yes. The affidavits must be taken on reasonable notice to the other party before they can be read as evidence.
Who can submit affidavits under this section — only the petitioner?
No. The section allows affidavits of witnesses taken by either party.
Is the court required to accept affidavits instead of live testimony?
No. Whether to allow affidavits to be read as evidence is left to the discretion of the court or judge.
What kind of proceeding does this section govern?
A habeas corpus hearing before the court or judge to whom the petitioner is brought.
Amendment History
Code 1950, § 8-601; 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: habeas corpus affidavit evidence virginiacan affidavits be used in habeas hearingvirginia habeas corpus witness testimony rules8.01-660 affidavits read as evidence