§ 8.01-677.Errors corrected on motion instead of writ of error coram vobis.
Chapter 26.2. Appeals Generally · Article 2. Errors Insufficient in the Appellate Court · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-677
Plain-English Summary
Section 8.01-677 offers a shortcut around an old common-law remedy. Any clerical error or error in fact for which a judgment could be reversed or corrected on a writ of error coram vobis may instead be reversed or corrected on motion, after reasonable notice, by the court.
The practical value is speed and simplicity. A litigant who spots a clerical slip, or a factual error of the kind coram vobis was built to fix, does not have to pursue that separate writ; a motion, with notice to the other side, reaches the same result within the existing case.
Frequently Asked Questions
What kind of judgment problem does this section address?
Any clerical error or error in fact for which a judgment may be reversed or corrected on writ of error coram vobis.
Do I need to file a formal writ to fix a clerical error in a judgment?
No. Section 8.01-677 allows the same correction to be made on motion, after reasonable notice, by the court.
Is notice to the other party required before this kind of motion is decided?
Yes, reasonable notice is required.
Does this section abolish the writ of error coram vobis?
No. It provides that the same relief "may" be obtained on motion instead, without stating that the traditional writ is eliminated.
Who decides the motion under this section?
The court — the section directs that the error "may be reversed or corrected on motion... by the court."
Amendment History
Code 1950, § 8-485; 1977, c. 617.