If, during the recess of the Supreme Court, the Governor or the Chief Justice of the Court should think the immediate revision of any such judgment to be proper, he may summon the Court for that purpose, to meet on any day to be fixed by him.
§ 8.01-664.How and when Supreme Court summoned to try appeal therefrom.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-664 lets the Governor or the Chief Justice of the Supreme Court summon the Court into special session during a recess, whenever either believes a habeas corpus judgment needs immediate review, on whatever day the summoning official fixes for that purpose.
Full Text of § 8.01-664
Plain-English Summary
Section 8.01-664 is a safety valve for timing. The Supreme Court of Virginia does not sit continuously, and a habeas corpus judgment might need prompt appellate attention while the Court is in recess. This section lets either the Governor or the Chief Justice of the Court call the Court back into session for that purpose.
The power is triggered by a judgment call, not a fixed rule: whichever official — Governor or Chief Justice — believes the immediate revision of a habeas judgment is proper may summon the Court to meet on a day of his choosing. That flexibility means a detained person’s case is not necessarily stuck waiting for the Court’s next regular term.
Frequently Asked Questions
Who can call an emergency session of the Supreme Court to review a habeas corpus judgment?
Either the Governor or the Chief Justice of the Supreme Court.
When would this special session happen?
During a recess of the Supreme Court.
Who sets the date for the special session?
Whichever official summons the Court — the Governor or the Chief Justice — fixes the day it is to meet.
Why would this power be used?
When the Governor or the Chief Justice thinks the immediate revision of a habeas corpus judgment is proper.
Does this apply to every kind of judgment?
No. It applies to a habeas corpus judgment of the kind addressed in this article.
Amendment History
Code 1950, § 8-606; 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
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