{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-637.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-637.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-637.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-637.html"}],"law_id":377721,"edition_id":2,"section_id":377721,"structure_id":53682,"section_number":"8.01-637","catch_line":"By whom filed; when leave granted and writ issued","history":"Code 1950, \u00a7\u00a7 8-858, 8-859, 8-860; 1977, c. 617; 1980, c. 705.","full_text":"A\n\nThe 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.\n\nB\n\nIf, 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.\n\nC\n\nIf 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.\n\n","order_by":null,"text":{"0":{"id":1409027,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1409028,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1409029,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":53682,"edition_id":2,"name":"Writ of Quo Warranto","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":53681,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:20:35","date_modified":"2026-08-02 12:28:26","permalink":{"id":1506307,"object_type":"structure","relational_id":53682,"identifier":"1","token":"8.01\/25\/1","url":"\/8.01\/25\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53681,"edition_id":2,"name":"Extraordinary Writs","identifier":"25","label":"chapter","depth":2,"order_by":55,"parent_id":53558,"metadata":{"child_laws":36,"child_structures":3},"date_created":"2026-08-02 03:20:35","date_modified":"2026-08-02 12:28:26","permalink":{"id":1506305,"object_type":"structure","relational_id":53681,"identifier":"25","token":"8.01\/25","url":"\/8.01\/25\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377719,"structure_id":53682,"section_number":"8.01-635","catch_line":"Common-law writ of quo warranto and information in the nature of writ of quo warranto abolished; statutory writ of quo warranto established","url":"\/8.01-635\/","token":"8.01\/25\/1\/8.01-635","metadata":false},{"id":377720,"structure_id":53682,"section_number":"8.01-636","catch_line":"In what cases writ issued","url":"\/8.01-636\/","token":"8.01\/25\/1\/8.01-636","metadata":false},{"id":377721,"structure_id":53682,"section_number":"8.01-637","catch_line":"By whom filed; when leave granted and writ issued","url":"\/8.01-637\/","token":"8.01\/25\/1\/8.01-637","metadata":false},{"id":377722,"structure_id":53682,"section_number":"8.01-638","catch_line":"Repealed","url":"\/8.01-638\/","token":"8.01\/25\/1\/8.01-638","metadata":false},{"id":377723,"structure_id":53682,"section_number":"8.01-639","catch_line":"How summons directed and served","url":"\/8.01-639\/","token":"8.01\/25\/1\/8.01-639","metadata":false},{"id":377725,"structure_id":53682,"section_number":"8.01-640","catch_line":"Judgment when defendant fails to appear","url":"\/8.01-640\/","token":"8.01\/25\/1\/8.01-640","metadata":false},{"id":377726,"structure_id":53682,"section_number":"8.01-641","catch_line":"Reopening same when made on service by publication","url":"\/8.01-641\/","token":"8.01\/25\/1\/8.01-641","metadata":false},{"id":377727,"structure_id":53682,"section_number":"8.01-642","catch_line":"Pleading when defendant appears","url":"\/8.01-642\/","token":"8.01\/25\/1\/8.01-642","metadata":false},{"id":377728,"structure_id":53682,"section_number":"8.01-643","catch_line":"Trial; verdict; judgment; costs; attorney's fee","url":"\/8.01-643\/","token":"8.01\/25\/1\/8.01-643","metadata":false}],"previous_section":{"id":377720,"structure_id":53682,"section_number":"8.01-636","catch_line":"In what cases writ issued","url":"\/8.01-636\/","token":"8.01\/25\/1\/8.01-636","metadata":false},"next_section":{"id":377722,"structure_id":53682,"section_number":"8.01-638","catch_line":"Repealed","url":"\/8.01-638\/","token":"8.01\/25\/1\/8.01-638","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-637\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1977, chapter 617; in 1980, chapter 705.<\/p>","references":false,"refers_to":[{"id":377720,"section_number":"8.01-636","catch_line":"In what cases writ issued","order_by":null,"url":"\/8.01-636\/"}],"permalink":{"id":1506317,"object_type":"law","relational_id":377721,"identifier":"8.01-637","token":"8.01\/25\/1\/8.01-637","url":"\/8.01-637\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-637\/","token":"8.01\/25\/1\/8.01-637","dublin_core":{"Title":"By whom filed; when leave granted and writ issued","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-637","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Attorney General<\/span> or attorney for the Commonwealth of any county or city of which the circuit<\/span> court<\/span> has jurisdiction<\/span> of the proceeding, at his own instance or at the relation of any interested person<\/span>, or any interested person<\/span>, may apply to such court<\/span> by petition<\/span> verified by oath<\/span> for a writ<\/span> of quo warranto. In case of an application under § 8.01-636<\/a> 2a the term “any interested person<\/span>” shall include any attorney licensed to practice law<\/span> in this Commonwealth and qualified to practice before the Supreme Court<\/span> of Virginia, or the circuit<\/span> court<\/span> in which the petition<\/span> is filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, in the opinion<\/span> of the court<\/span>, the matters stated in the petition<\/span> are sufficient in law<\/span> to authorize the issuance of such writ<\/span>, a writ<\/span> shall issue<\/span> thereon, commanding the sheriff<\/span> to summon the defendant<\/span> to appear at a date set forth in the writ<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the petition<\/span> is filed on the relation of any person or by any person at his own instance, before the clerk shall issue<\/span> the writ<\/span> the court<\/span> shall require the relator or person to give bond<\/span> with sufficient surety<\/span>, 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBY WHOM FILED; WHEN LEAVE GRANTED AND WRIT ISSUED (\u00a7 8.01-637)\n\nA. The Attorney General or attorney for the Commonwealth of any county or city\nof which the circuit court has jurisdiction of the proceeding, at his own\ninstance or at the relation of any interested person, or any interested person,\nmay apply to such court by petition verified by oath for a writ of quo warranto.\nIn case of an application under § 8.01-636 2a the term “any\ninterested person” shall include any attorney licensed to practice law in\nthis Commonwealth and qualified to practice before the Supreme Court of\nVirginia, or the circuit court in which the petition is filed.\n\nB. If, in the opinion of the court, the matters stated in the petition are\nsufficient in law to authorize the issuance of such writ, a writ shall issue\nthereon, commanding the sheriff to summon the defendant to appear at a date set\nforth in the writ.\n\nC. If the petition is filed on the relation of any person or by any person at\nhis own instance, before the clerk shall issue the writ the court shall require\nthe relator or person to give bond with sufficient surety, to be approved by the\nclerk, to indemnify the Commonwealth against all costs and expenses of the\nproceedings, in case the same shall not be recovered from and paid by the\ndefendant.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-858, 8-859, 8-860; 1977, c. 617; 1980, c. 705.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}