Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 25 Extraordinary Writs

8.01-635 Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; st...
The common-law writ of quo warranto and information in the nature of writ of quo warranto is hereby abolished and superseded by the statutory writ ...

8.01-636 In what cases writ issued
A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases: 1. Against a ...

8.01-637 By whom filed; when leave granted and writ issued
A. The Attorney General or attorney for the Commonwealth of any county or city of which the circuit court has jurisdiction of the proceeding, at ...

8.01-638 Description unavailable
Repealed by Acts 1987, c. 567. ...

8.01-639 How summons directed and served
The writ and a copy of the petition attached thereto may be directed to the sheriff of any county or city and shall be served ...

8.01-640 Judgment when defendant fails to appear
If the defendant fails to appear in accordance with the writ, the court may hear proof of the allegations of the petition, and if the ...

8.01-641 Reopening same when made on service by publication
But if service is made by publication, the defendant against whom the judgment is rendered may file a motion within thirty days from the rendition ...

8.01-642 Pleading when defendant appears
The defendant against whom the writ was issued may plead, demur or answer the petition within the time set forth in the writ for his ...

8.01-643 Trial; verdict; judgment; costs; attorney's fee
Unless the defendant shall ask for a trial by jury, the court shall hear the same. If the case is tried by jury and the ...

8.01-644 Application for mandamus or prohibition
Application for a writ of mandamus or a writ of prohibition shall be on petition verified by oath, after the party against whom the writ ...

8.01-644.1 Limitations of actions for petition for mandamus
A petition for extraordinary writ of mandamus, filed by or on behalf of a person confined in a state correctional facility, shall be brought within ...

8.01-645 What petition to state; where presented
The petition shall state plainly and concisely the grounds of the application, concluding with a prayer for the writ, and shall be presented to the ...

8.01-646 When writ awarded if no defense made
When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fails to appear, ...

8.01-647 Defense; how made
The defendant may file a demurrer or answer on oath to the petition, or both. The court may permit amendments of the pleadings as in ...

8.01-648 What judgment to be rendered
The court shall award or deny the writ according to the law and facts of the case, with or without costs. (Code 1950, § 8-709; ...

8.01-649 Proceedings when application is to Supreme Court or Court of Appeals
If the application is to the Court of Appeals or the Supreme Court, the procedure shall be in accordance with the provisions of Rules of ...

8.01-650 Suspension of proceedings, where prohibition applied for
On petition for a writ of prohibition, the court may, at any time before or after the application for the writ is made, make an ...

8.01-651 Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals
Whenever a court having jurisdiction refuses to suspend proceedings as provided in § 8.01-650 of this chapter, a copy of the proceedings in court, with ...

8.01-652 Service of writ; how obedience enforced
Service of a copy of the order awarding the writ shall be equivalent to service of the writ, and obedience to the writ or order ...

8.01-653 Mandamus to secure construction of act directing payment out of treasury of the Commonwealt...
Whenever the Comptroller or the Treasurer of the Commonwealth shall notify the Attorney General, in writing, that they, or either of them, entertain such doubt ...

8.01-653.1 Mandamus to secure construction of act granting power to incur certain obligations for transportati...
Whenever the Comptroller notifies the Attorney General in writing that he entertains doubt respecting the constitutionality of any act of the General Assembly granting an ...

8.01-654 When and by whom writ granted; what petition to contain
A. 1. The writ of habeas corpus ad subjiciendum shall be granted forthwith by the Supreme Court or any circuit court, to any person who ...

8.01-654.1 Limitation on consideration of petition filed by prisoner sentenced to death
No petition for a writ of habeas corpus filed by a prisoner held under a sentence of death shall be considered unless it is filed ...

8.01-654.2 Presentation of claim of mental retardation by person sentenced to death before April 29, 200...
Notwithstanding any other provision of law, any person under sentence of death whose sentence became final in the circuit court before April 29, 2003, and ...

8.01-655 Form and contents of petition filed by prisoner
A. Every petition filed by a prisoner seeking a writ of habeas corpus must be filed on the form set forth in subsection B. The ...

8.01-656 Bond may be required of petitioner
Before granting the writ, the court may require the petitioner to give bond with surety in a reasonable amount for the payment of such costs ...

8.01-657 How directed and returnable
The writ shall be directed to the person in whose custody the petitioner is detained and shall be made returnable as soon as may be ...

8.01-658 How writ served
The writ shall be served on the person to whom it is directed, or, in his absence from the place where the petitioner is confined, ...

8.01-659 Penalty for disobeying it
If the person on whom such writ is served shall, in disobedience to the writ, fail to bring the petitioner, with a return of the ...

8.01-660 When affidavits may be read
In the discretion of the court or judge before whom the petitioner is brought, the affidavits of witnesses taken by either party, on reasonable notice ...

8.01-661 Facts proved may be made part of record
All the material facts proved shall, when it is required by either party, be made a part of the proceedings and entered by the clerk ...

8.01-662 Judgment of court or judge trying it; payment of costs and expenses when petition denied
After hearing the matter both upon the return and any other evidence, the court before whom the petitioner is brought shall either discharge or remand ...

8.01-663 Judgment conclusive
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 ...

8.01-664 How and when Supreme Court summoned to try appeal therefrom
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 ...

8.01-665 When execution of judgment suspended; when prisoner admitted to bail
When the prisoner is remanded, the execution of the judgment shall not be suspended by a petition for appeal or by a writ of error, ...

8.01-666 When and by whom writs of habeas corpus ad testificandum granted
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 ...

8.01-667 Transmission of records to federal court
Whenever any habeas corpus case is pending in a federal court, upon written request of the Attorney General or any assistant attorney general, a court ...

8.01-668 Writ de homine abolished
The writ de homine replegiando is abolished. (Code 1950, § 8-609; 1977, c. 617.) ...