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 other cases.
§ 8.01-647.Defense; how made.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-647 lets a defendant in a mandamus or prohibition case respond with a demurrer, an answer on oath, or both, and lets the court permit amendments to the pleadings on the same terms as other civil cases.
Full Text of § 8.01-647
Plain-English Summary
A defendant facing a mandamus or prohibition petition gets the standard civil defensive toolkit rather than a stripped-down or specialized one. The defendant may file a demurrer, an answer on oath, or both together, giving flexibility in how to contest the petition.
The section also opens the door to amendment: the court may permit amendments of the pleadings as in other cases, so the defense is not locked into its first filing if circumstances or legal theories change as the case develops.
Frequently Asked Questions
What responsive pleadings can a mandamus or prohibition defendant file?
A demurrer, an answer on oath, or both.
Must the answer be sworn?
Yes — the statute specifies an answer on oath.
Can pleadings be amended in these proceedings?
Yes — the court may permit amendments of the pleadings as in other cases.
Does this section limit a defendant to a single type of response?
No — the defendant may file a demurrer, an answer, or both.
What standard governs amendment practice here?
The same standard applied in other civil cases.
Amendment History
Code 1950, § 8-707; 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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