Subject to the provisions of § 8.01-3, the Supreme Court may prescribe the forms of writs, and where no such prescription is made, the forms of writs shall be the same as heretofore used.
§ 8.01-286.Forms of writs.
Chapter 8. Process · Article 1. In General · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe Supreme Court of Virginia may prescribe the forms that writs take, subject to its general rulemaking authority under § 8.01-3, and any writ form the Court has not specifically prescribed continues using whatever form Virginia courts have traditionally used.
Full Text of § 8.01-286
Plain-English Summary
Someone has to decide what a writ looks like — its structure, its wording, the boxes it needs to check. Section 8.01-286 gives that job to the Supreme Court of Virginia, tying its authority back to the Court’s broader power to set rules of practice for the state’s courts.
The section also answers what happens when the Court has not gotten around to prescribing a particular form: the writ keeps the form it has traditionally used. Nothing breaks just because the Court’s rules have not addressed every writ by name.
In practice, this is a housekeeping statute. It keeps the mechanics of writs centralized and consistent across Virginia’s courts, rather than leaving each clerk or court to improvise its own paperwork.
Frequently Asked Questions
Who decides the form that a writ takes in Virginia?
The Supreme Court may prescribe the forms of writs, subject to the provisions of § 8.01-3, which governs the Court’s general rulemaking authority.
What form does a writ take if the Supreme Court has not prescribed one?
Where no prescription has been made, the section provides that the forms of writs shall be the same as heretofore used.
Does § 8.01-286 create new writ forms itself?
No. It authorizes the Supreme Court to prescribe forms; the section itself does not set out any specific form.
How does § 8.01-286 relate to § 8.01-3?
It makes the Supreme Court’s authority to prescribe writ forms “subject to the provisions of § 8.01-3,” which sets out the Court’s broader rulemaking powers.
Does this section apply to every writ used in Virginia courts?
The section refers to “the forms of writs” generally, without limiting itself to a particular type of writ.
Amendment History
Code 1950, § 8-43; 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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