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§ 8.01-668.Writ de homine abolished.

Chapter 25. Extraordinary Writs · Article 3. Habeas Corpus · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-668 closes out Virginia’s habeas corpus article by abolishing the ancient writ de homine replegiando, a step that leaves habeas corpus ad subjiciendum as the operative remedy for testing unlawful detention under this chapter.

Full Text of § 8.01-668

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The writ de homine replegiando is abolished.

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.

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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