Rule 3A:24. Special Rule Applicable to Post-Conviction Proceedings: Circuit Court Orders Denying Petitions for Writs of Habeas Corpus

Any Order of a circuit court denying a petition for a writ of habeas corpus must include findings of fact and conclusions of law as required by Code § 8.01-654(B)(5). The order must identify the substance of the claims asserted in the petition, and state the specific reason for the denial of each claim. Any such order may adopt a trial court's written opinion explaining its decision or a transcribed explanation of the court's ruling from the bench; however, an order may not deny the petition without explanation, or rely upon incorporation by reference of a pleading filed in the case.

Committee Notes

Last amended by Order dated November 23, 2020; effective March 1, 2021.