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 appearance.
§ 8.01-642.Pleading when defendant appears.
Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-642 lets a defendant who appears in response to a quo warranto writ plead, demur, or answer the petition, as long as the response comes within the time the writ itself set for appearance.
Full Text of § 8.01-642
Plain-English Summary
Once a defendant appears in response to a quo warranto writ, this section supplies the ordinary civil pleading toolkit rather than a specialized quo warranto procedure — the defendant may plead, demur, or answer the petition.
The deadline for that response is not a separate statutory number of days; it is whatever appearance date the writ itself set. That ties the responsive-pleading timeline directly to the writ’s own terms, so the appearance date fixed under §§ 8.01-637 and 8.01-639 also controls how long the defendant has to plead, demur, or answer.
Frequently Asked Questions
What options does an appearing defendant have to respond to the petition?
The defendant may plead, demur, or answer.
By when must the defendant respond?
Within the time set forth in the writ for the defendant’s appearance.
Does this section apply to a defendant who fails to appear?
No — it governs the defendant against whom the writ was issued who does appear, distinct from the non-appearance scenario addressed in § 8.01-640.
Can a defendant combine a demurrer and an answer?
The section lists plead, demur, or answer as the available responses without further limiting how they may be used together.
What sets the response deadline?
The appearance date set out in the writ itself.
Amendment History
Code 1950, § 8-864; 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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