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 allegations are sustained, shall give judgment accordingly.
§ 8.01-640.Judgment when defendant fails to appear.
Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-640 lets a court hear proof of the petition's allegations when a quo warranto defendant fails to appear as the writ directs, and enter judgment accordingly only if that proof sustains those allegations.
Full Text of § 8.01-640
Plain-English Summary
A defendant who does not appear as the writ commands does not lose automatically under this section. Instead, the court is authorized to hear proof of the allegations laid out in the petition, treating the absence as an occasion to test the petition’s claims rather than a shortcut around them.
Judgment follows only if that proof sustains the allegations — the court still has to be persuaded before it rules against an absent defendant. That built-in check distinguishes this default scenario from a rubber-stamp judgment, and it sets up the separate remedy in § 8.01-641 for defendants who never truly had notice because service happened by publication.
Frequently Asked Questions
What happens if the defendant does not appear as the writ directs?
The court may hear proof of the allegations of the petition.
What must the court find before entering judgment against an absent defendant?
That the allegations are sustained by the proof presented.
Is a default judgment automatic for a defendant who fails to appear?
No — the court must hear proof of the allegations first, and judgment follows only if they are sustained.
What kind of judgment does the court enter if the allegations hold up?
Judgment accordingly, consistent with what the sustained allegations support.
Does this section apply if the defendant appears but fails to defend?
No — it addresses a defendant who fails to appear, a scenario distinct from appearing without mounting a defense.
Amendment History
Code 1950, § 8-862; 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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