§ 8.01-24.Writ of scire facias abolished; substitutes therefor.
Chapter 2. Parties · Article 4. Writ of Scire Facias Abolished · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-24
Plain-English Summary
Section 8.01-24 is a short but sweeping provision: the writ of scire facias is abolished. That old common-law writ was once used for purposes such as reviving a dormant judgment or requiring a party to show cause why some further step should not be taken against it.
Abolishing the writ did not eliminate the relief it used to provide. The section directs that relief formerly available by scire facias may still be obtained, through an appropriate action or motion brought under whatever statutes and Rules of Court apply to the situation. The old procedural vehicle is gone; the substance it once delivered is folded into ordinary civil practice instead.
Frequently Asked Questions
Can a party still use a writ of scire facias in a Virginia case?
No. Section 8.01-24 abolishes the writ of scire facias entirely.
How does a party get relief that used to require scire facias?
Section 8.01-24 directs that such relief be obtained by an appropriate action or motion under applicable statutes and the Rules of Court.
What was the writ of scire facias historically used for?
It was an older common-law writ used, among other things, to revive a dormant judgment or require a party to show cause why a further step should not proceed against it.
Does abolishing the writ eliminate the underlying relief it used to provide?
No. Section 8.01-24 preserves the availability of that relief; it requires seeking it through an ordinary action or motion instead of the old writ.
When did Virginia abolish the writ of scire facias?
The abolition traces to the 1977 overhaul of Virginia’s civil procedure statutes that created this section.
Amendment History
1977, c. 617.