§ 8.01-662.Judgment of court or judge trying it; payment of costs and expenses when petition denied.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-662 lets the court discharge, remand, release on bail, or otherwise grant relief to a habeas petitioner after the hearing, but if the petition is denied the petitioner — not the Commonwealth — pays the costs, expenses, and appointed counsel’s fees, and any order granting relief must be served on both parties.
Full Text of § 8.01-662
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After hearing the matter both upon the response and any other evidence, the court shall either discharge or remand the petitioner, grant him any other relief to which he is entitled, or admit him to bail and adjudge the cost of the proceeding, including the charge for transporting the prisoner, provided, however, that if the petition is denied, the
costs and expenses of the proceeding and the attorney fees of any attorney appointed to represent the petitioner shall be assessed against the petitioner. If such cost, expenses, and fees are collected, they shall be paid to the Commonwealth.
When relief is granted upon a petition for a writ of habeas corpus, the order granting relief on the writ shall be served on the respondent and the petitioner. Service may, in the court's discretion, be accomplished by personal service or by transmitting a certified copy of the order to the parties via regular or certified mail, a third-party commercial carrier, or electronic delivery.
Plain-English Summary
After hearing the response and any other evidence, Section 8.01-662 gives the court a set of options: discharge the petitioner, remand him, grant other relief he is entitled to, or admit him to bail, while also adjudging the costs of the proceeding, including the expense of transporting the prisoner.
Losing the petition carries a financial consequence. If the petition is denied, the costs and expenses of the proceeding, along with the fees of any attorney appointed to represent the petitioner, are assessed against the petitioner himself. Anything collected on that assessment is paid over to the Commonwealth.
When relief is granted instead, the order granting it must be served on both the respondent and the petitioner. The court has flexibility in how that service happens — personal service, or transmitting a certified copy by regular or certified mail, a third-party commercial carrier, or electronic delivery.
Frequently Asked Questions
What can the court do after a habeas corpus hearing?
Discharge the petitioner, remand him, grant him any other relief to which he is entitled, or admit him to bail, and adjudge the costs of the proceeding, including the cost of transporting the prisoner.
Who pays the costs if my habeas corpus petition is denied?
You do. The costs and expenses of the proceeding and the fees of any attorney appointed to represent you are assessed against you, and if collected, paid to the Commonwealth.
Does the section say who pays costs if my petition is granted?
No. The cost-shifting rule in this section applies specifically when the petition is denied; it does not address who bears costs when relief is granted.
How is an order granting habeas corpus relief served on the parties?
The court may serve it personally, or by transmitting a certified copy to the parties by regular or certified mail, a third-party commercial carrier, or electronic delivery.
Can the court charge me for the cost of being transported for the hearing?
Yes. The costs the court adjudges under this section include the charge for transporting the prisoner.
Amendment History
Code 1950, § 8-603; 1968, c. 482; 1977, c. 617; 2019, cc. 8, 48.
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
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