Chapter 25. Extraordinary Writs · Article 1. Writ of Quo Warranto · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-643 lets the court try a quo warranto case unless the defendant demands a jury, requires a split jury verdict to specify guilt on each charge separately, and authorizes the court to award judgment plus prosecution costs, including a reasonable attorney's fee, against a defendant found guilty.
Full Text of § 8.01-643
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Unless the defendant shall ask for a trial by jury, the court shall hear the same. If the case is tried by jury and the defendant is found guilty as to only a part of the charges, the verdict shall be guilty as to such part and shall particularly specify the same. As to the residue of such charges, the verdict shall be not guilty.
If the defendant appears and is found guilty the court shall give such judgment as is appropriate and authorized by law and for costs incurred in the prosecution of the information, including a reasonable attorney's fee to be prescribed by the court.
Plain-English Summary
Trial in a quo warranto case defaults to the court itself unless the defendant asks for a jury. When a jury does hear the case and finds the defendant guilty on only some of the charges, the verdict has to say so specifically — guilty as to the sustained charges, with those charges particularly identified, and not guilty as to the rest, rather than one blanket verdict covering everything.
A guilty finding against an appearing defendant carries a financial consequence beyond whatever substantive relief the judgment itself provides. The court awards judgment as appropriate and authorized by law, plus the costs of prosecuting the case, including a reasonable attorney’s fee that the court itself sets.
Frequently Asked Questions
Who decides the case if the defendant does not request a jury?
The court hears the case itself.
What happens if a jury finds the defendant guilty on only some of the charges?
The verdict must specify guilty as to that part of the charges and not guilty as to the residue.
What can the court award if the defendant is found guilty?
Judgment as appropriate and authorized by law, plus costs incurred in the prosecution, including a reasonable attorney’s fee prescribed by the court.
Is a jury trial available in a quo warranto proceeding?
Yes — the defendant may ask for a trial by jury; otherwise the court hears the case.
Who sets the amount of the attorney’s fee awarded?
The court.
Amendment History
Code 1950, § 8-865; 1977, c. 617.
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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