Writs of habeas corpus ad testificandum may be granted by any circuit court in the same manner and under the same conditions and provisions as are prescribed by this chapter as to granting the writ of habeas corpus ad subjiciendum so far as the same are applicable.
§ 8.01-666.When and by whom writs of habeas corpus ad testificandum granted.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-666 authorizes circuit courts to issue writs of habeas corpus ad testificandum — used to bring a confined person to court to give testimony — under the same procedures that govern the writ of habeas corpus ad subjiciendum used to test unlawful detention, so far as those procedures apply.
Full Text of § 8.01-666
Plain-English Summary
Where the writ of habeas corpus ad subjiciendum tests whether a detention itself is lawful, the writ ad testificandum addressed in Section 8.01-666 serves a narrower purpose: securing a confined person’s presence to testify. This section lets any circuit court grant that writ.
Rather than writing a separate set of rules for the testificandum writ, the section borrows the procedures this chapter already sets out for the ad subjiciendum writ, applying them in the same manner and under the same conditions, so far as they fit. That keeps the two writs procedurally consistent without duplicating the chapter’s machinery.
Frequently Asked Questions
Which courts can issue a writ of habeas corpus ad testificandum in Virginia?
Any circuit court.
What procedures govern how this writ is issued?
The same manner and the same conditions and provisions prescribed by this chapter for granting the writ of habeas corpus ad subjiciendum, so far as they apply.
Does this section create separate, new procedural rules for the testificandum writ?
No. It incorporates the rules governing the writ of habeas corpus ad subjiciendum rather than setting out independent procedures.
Is issuing this writ limited to the Supreme Court?
No. The section specifically empowers "any circuit court" to grant it.
How does this writ differ from the writ addressed earlier in this article?
The earlier sections of this article govern the writ ad subjiciendum, used to test the lawfulness of a detention; this section governs the writ ad testificandum, granted under the same procedures so far as they are applicable.
Amendment History
Code 1950, § 8-608; 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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