2.15 Background

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

2.15 BACKGROUND

Extraordinary writs in Virginia include the common law writs of mandamus, prohibition, and habeas corpus, together with the statutory writs of quo warranto ⁵⁰⁴ and actual innocence. Common law or statutory writs of certiorari also are used occasionally, chiefly to direct a lower court to provide an omitted part of its record to an appellate court. ⁵⁰⁵ (Writs of habeas corpus and actual innocence are discussed in Chapter 10 of this handbook dealing with post-conviction remedies.)

Article VI, section 1 of the Constitution of Virginia provides that "[t]he Supreme Court shall, by virtue of this Constitution, have original jurisdiction in cases of . . . mandamus, and prohibition. . . ." ⁵⁰⁶ That provision "is carried into effect by Code § [17.1-309]." ⁵⁰⁷ Va. Code § 17.1-309 provides that the Supreme Court shall have...