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§ 8.01-636.In what cases writ issued.

Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1980 · Last verified July 16, 2026

In one sentenceSection 8.01-636 lists the four situations where Virginia's statutory writ of quo warranto may issue in the Commonwealth's name — misuse or unauthorized exercise of a corporate franchise, misuse or nonuse of a legal privilege (including practicing a profession without a license), operating as an unauthorized corporation, and intruding into or usurping a public office.

Full Text of § 8.01-636

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A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases:
1. Against a domestic corporation, other than a municipal corporation, for the misuse or nonuse of its corporate privileges and franchises, or for the exercise of a privilege or franchise not conferred upon it by law, or when a charter of incorporation has been obtained by it for a fraudulent purpose, or for a purpose not authorized by law;
2. Against a person for the misuse or nonuse of any privilege conferred upon him by law;
2a. Against a person engaged in the practice of any profession without being duly authorized or licensed to do so;
3. Against any person or persons acting as a corporation, other than a municipal corporation, without authority of law; and
4. Against any person who intrudes into or usurps any public office. But no writ shall be issued or prosecuted against any person now in office for any cause which would have been available in support of a proceeding to contest his election.
Provided that nothing herein shall be construed to give jurisdiction to any court to judge the election, qualifications, or returns of the members of either house of the General Assembly.

Plain-English Summary

The first two categories target misuse of authority the law confers. A domestic, non-municipal corporation can face the writ for misusing or not using its corporate privileges and franchises, for exercising a privilege or franchise the law never gave it, or for obtaining its charter for a fraudulent or unauthorized purpose. A person can face the writ for misusing or not using any privilege the law conferred on them, which specifically includes practicing a profession without being duly authorized or licensed to do so.

The last two categories address people acting without any authority at all: persons acting as a corporation, other than a municipal corporation, without legal authority to do so, and any person who intrudes into or usurps a public office. That office-usurpation category comes with a limit — no writ may issue against someone currently holding office for a cause that would instead have supported a proceeding to contest their election.

The section closes with a jurisdictional guardrail: nothing in it lets any court judge the election, qualifications, or returns of members of either house of the General Assembly, keeping legislative seating disputes out of the quo warranto process entirely.

Frequently Asked Questions

Can quo warranto be used against a domestic corporation for misusing its franchise?

Yes — subdivision 1 covers misuse or nonuse of corporate privileges or franchises, exercising a privilege not conferred by law, or obtaining a charter for a fraudulent or unauthorized purpose.

Does the writ reach someone practicing a profession without a license?

Yes — subdivision 2a covers a person engaged in the practice of a profession without being duly authorized or licensed.

Can quo warranto challenge someone holding public office?

Yes — subdivision 4 covers a person who intrudes into or usurps a public office.

Is there a limit on using this writ against a sitting officeholder?

Yes — no writ may issue against a person currently in office for a cause that would have supported an election contest instead.

Does this section let a court judge the election of General Assembly members?

No — the proviso expressly withholds jurisdiction over the election, qualifications, or returns of members of either house of the General Assembly.

Amendment History

Code 1950, § 8-857; 1977, c. 617; 1980, c. 705.

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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