§ 8.01-668.Writ de homine abolished.
Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-668
Plain-English Summary
Section 8.01-668 delivers a one-line ruling: the writ de homine replegiando is abolished. The Code does not spell out what that writ once accomplished, so the practical takeaway for a modern reader is that it no longer exists as a tool in Virginia courts.
Positioned at the close of the habeas corpus article, the section confirms that habeas corpus ad subjiciendum — the writ Section 8.01-654 defines and the rest of this article governs — remains the operative mechanism in Virginia for challenging unlawful detention, without a surviving alternative writ competing alongside it.
Frequently Asked Questions
What did the writ de homine replegiando do?
Section 8.01-668 does not describe what the writ once did; it states only that the writ de homine replegiando is abolished.
Is the writ de homine replegiando still available in Virginia courts?
No. This section abolishes it.
Does this section create any new right or remedy in its place?
No. It only eliminates the old writ; it does not establish a substitute procedure.
Where does this abolition trace back to?
The history note attached to the section traces it to the Code of 1950, § 8-609, carried forward by a 1977 recodification.
Does habeas corpus remain available after this writ’s abolition?
Yes. This section sits at the end of the article governing habeas corpus ad subjiciendum, which the rest of the article continues to make available as the remedy for unlawful detention.
Amendment History
Code 1950, § 8-609; 1977, c. 617.