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.
§ 8.01-637.By whom filed; when leave granted and writ issued.
Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1980 · Last verified July 16, 2026
In one sentenceSection 8.01-637 lets the Attorney General, a local Commonwealth's attorney, or any interested person petition under oath for a writ of quo warranto, requires the court to find the petition legally sufficient before the writ issues, and requires a private relator or petitioner to post an indemnity bond before the writ is issued.
Full Text of § 8.01-637
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.
Plain-English Summary
Filing a quo warranto case is not limited to prosecutors. The Attorney General or a Commonwealth’s attorney with jurisdiction can petition on their own or at the relation of an interested person, but an interested person can also petition directly, without going through a prosecutor at all. For unlicensed-practice cases brought under § 8.01-636 2a specifically, the definition of “interested person” widens to include any attorney licensed to practice in Virginia and qualified to practice before the Supreme Court of Virginia or the circuit court where the petition is filed.
Two gatekeeping steps follow. First, the court has to find the petition’s allegations legally sufficient before a writ issues — only then does the writ go out, commanding the sheriff to summon the defendant to appear on the date it sets. Second, when a private relator or a person acting on their own instance is behind the petition, the clerk cannot issue the writ until that person posts bond with sufficient surety, approved by the clerk, indemnifying the Commonwealth against the costs and expenses of the proceeding if they cannot be recovered from the defendant.
Frequently Asked Questions
Who can apply for a writ of quo warranto?
The Attorney General or a Commonwealth’s attorney with jurisdiction, at their own instance or at the relation of an interested person, or any interested person directly.
Who counts as an “interested person” in an unlicensed-practice case under § 8.01-636 2a?
Any attorney licensed to practice law in Virginia and qualified to practice before the Supreme Court of Virginia or the circuit court where the petition is filed.
What form must the application take?
A petition verified by oath.
What must happen before the writ can issue?
The court must find the matters stated in the petition sufficient in law to authorize issuance of the writ.
When must a relator or private petitioner post a bond?
Before the clerk issues the writ, when the petition is filed on the relation of, or at the instance of, a private person, to indemnify the Commonwealth against unrecovered costs and expenses.
Amendment History
Code 1950, §§ 8-858, 8-859, 8-860; 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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