All the material facts proved shall, when it is required by either party, be made a part of the proceedings and entered by the clerk among the records of the court.
§ 8.01-661.Facts proved may be made part of record.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-661 requires the clerk to enter material facts proved at a habeas corpus hearing into the court’s records whenever either party asks, preserving the factual basis of the decision for later reference in the case.
Full Text of § 8.01-661
Plain-English Summary
Section 8.01-661 is a short but useful bookkeeping rule. When the facts of a habeas corpus case are proved at the hearing, either party can require that those material facts be made part of the proceedings, and the clerk must then enter them among the court’s records.
This matters because a habeas hearing often turns on facts developed through affidavits or testimony that would not otherwise appear anywhere in the written record. Locking those proved facts into the record gives both sides — and any court reviewing the case later — a fixed factual foundation to work from, rather than a dispute over what the evidence showed.
Frequently Asked Questions
Who can request that proved facts be entered into the court’s records?
Either party — the section triggers the clerk’s duty to enter the facts "when it is required by either party."
What happens to the facts once they are entered?
The clerk enters them among the records of the court, as part of the proceedings.
Does this happen automatically after every hearing?
No. It happens only when required by either party.
What kind of facts does this section cover?
All the material facts proved at the proceeding, not just facts favorable to one side.
Where does this rule sit within the habeas corpus process?
It follows directly after the section allowing affidavits to be read as evidence, tying the record-keeping duty to whatever evidence the court receives and credits at the hearing.
Amendment History
Code 1950, § 8-602; 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 record of facts virginiahow are facts preserved in habeas hearingvirginia habeas corpus court record entry8.01-661 material facts proved record