Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an action for false imprisonment.
§ 8.01-663.Judgment conclusive.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-663 makes a habeas corpus judgment binding and final on the parties unless it is reversed on appeal, though it does not stop the petitioner from later bringing a separate civil action for false imprisonment over the same detention.
Full Text of § 8.01-663
Plain-English Summary
Once entered of record, a habeas corpus judgment under Section 8.01-663 is conclusive. Absent a reversal, that judgment settles the matter — the petitioner cannot relitigate the same detention question in a new habeas proceeding just because the first one came out against him.
The section carves out one specific exception: a habeas judgment does not preclude the petitioner from later bringing a false imprisonment action over the same detention. Conclusiveness in the habeas proceeding, in other words, does not carry over to bar a separate civil tort claim seeking damages for the confinement itself.
Frequently Asked Questions
Is a habeas corpus judgment in Virginia final?
Yes. Any such judgment entered of record is conclusive, unless it is reversed.
What can undo the conclusiveness of a habeas corpus judgment?
Only a reversal of the judgment; the section states the judgment is conclusive "unless the same be reversed."
Can I still sue for false imprisonment after losing my habeas corpus petition?
Yes. The section specifically preserves the petitioner’s ability to bring the same matter into question in an action for false imprisonment.
Does a habeas corpus denial bar a later civil damages claim over the same detention?
Not for false imprisonment — the section expressly says the petitioner is not precluded from that action.
Does this section address appeals of a habeas corpus judgment?
It refers to reversal as the way a judgment loses its conclusiveness, which points toward the appellate process covered in the surrounding sections of this article.
Amendment History
Code 1950, § 8-605; 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: is habeas corpus judgment final virginiacan you sue for false imprisonment after habeas deniedvirginia habeas corpus appeal finality8.01-663 judgment conclusive