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§ 8.01-635.Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established.

Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-635 abolishes Virginia's common-law writ of quo warranto and the related information in the nature of quo warranto, replacing both with the statutory writ of quo warranto defined in the sections that follow.

Full Text of § 8.01-635

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The common-law writ of quo warranto and information in the nature of writ of quo warranto is hereby abolished and superseded by the statutory writ of quo warranto.

Plain-English Summary

This section marks a clean break from the older common-law form of quo warranto. It abolishes both the common-law writ itself and the related procedure known as an information in the nature of a writ of quo warranto, and it declares the statutory writ established by this article as the sole replacement.

For anyone challenging a corporation’s franchise, someone’s exercise of a public privilege, or a person’s hold on public office in Virginia, that means the framework set out in §§ 8.01-636 through 8.01-643 is the exclusive path forward — older common-law quo warranto doctrine no longer supplies an independent basis for relief.

Frequently Asked Questions

What did this section abolish?

The common-law writ of quo warranto and information in the nature of a writ of quo warranto.

What replaced the common-law writ?

The statutory writ of quo warranto established by this article.

Can a party still bring a common-law quo warranto action in Virginia?

No — the common-law writ and the related information are abolished and superseded.

Where are the rules for the statutory writ found?

In the sections that follow within Article 1 of Chapter 25, beginning with § 8.01-636.

Does this section itself list when the statutory writ may be used?

No — it only abolishes the common-law version and establishes the statutory writ; § 8.01-636 lists the specific cases where the writ may issue.

Amendment History

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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