A. The Attorney General or attorney for the Commonwealth of any county or city of which the circuit court has jurisdiction of the proceeding, at his own instance or at the relation of any interested person, or any interested person, may apply to such court by petition verified by oath for a writ of quo warranto. In case of an application under § 8.01-636 2a the term "any interested person" shall include any attorney licensed to practice law in this Commonwealth and qualified to practice before the Supreme Court of Virginia, or the circuit court in which the petition is filed.
B. If, in the opinion of the court, the matters stated in the petition are sufficient in law to authorize the issuance of such writ, a writ shall issue thereon, commanding the sheriff to summon the defendant to appear at a date set forth in the writ.
C. If the petition is filed on the relation of any person or by any person at his own instance, before the clerk shall issue the writ the court shall require the relator or person to give bond with sufficient surety, to be approved by the clerk, to indemnify the Commonwealth against all costs and expenses of the proceedings, in case the same shall not be recovered from and paid by the defendant.
Code 1950, §§ 8-858, 8-859, 8-860; 1977, c. 617; 1980, c. 705.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 25 - Extraordinary Writs
§ 8.01-636. In what cases writ issued
§ 8.01-637. By whom filed; when leave granted and writ issued
§ 8.01-639. How summons directed and served
§ 8.01-640. Judgment when defendant fails to appear
§ 8.01-641. Reopening same when made on service by publication
§ 8.01-642. Pleading when defendant appears
§ 8.01-643. Trial; verdict; judgment; costs; attorney's fee
§ 8.01-644. Application for mandamus or prohibition
§ 8.01-644.1. Limitations of actions for petition for mandamus
§ 8.01-645. What petition to state; where presented
§ 8.01-646. When writ awarded if no defense made
§ 8.01-648. What judgment to be rendered
§ 8.01-649. Proceedings when application is to Supreme Court or Court of Appeals
§ 8.01-650. Suspension of proceedings, where prohibition applied for
§ 8.01-651. Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals
§ 8.01-652. Service of writ; how obedience enforced
§ 8.01-654. When and where petition filed; what petition to contain
§ 8.01-655. Form and contents of petition filed by prisoner
§ 8.01-658. When and from whom response required; dismissal of habeas petition without prejudice
§ 8.01-660. When affidavits may be read
§ 8.01-661. Facts proved may be made part of record
§ 8.01-662. Judgment of court or judge trying it; payment of costs and expenses when petition denied
§ 8.01-663. Judgment conclusive
§ 8.01-664. How and when Supreme Court summoned to try appeal therefrom
§ 8.01-665. When execution of judgment suspended; when prisoner admitted to bail
§ 8.01-666. When and by whom writs of habeas corpus ad testificandum granted