§ 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
Full Text of § 8.01-635
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No — the common-law writ and the related information are abolished and superseded.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.