A petition for extraordinary writ of mandamus, filed by or on behalf of a person confined in a state correctional facility, shall be brought within one year after the cause of action accrues.
§ 8.01-644.1.Limitations of actions for petition for mandamus.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1998 · Last verified July 16, 2026
In one sentenceSection 8.01-644.1 requires a petition for a writ of mandamus filed by or on behalf of a person confined in a state correctional facility to be brought within one year after the cause of action accrues.
Full Text of § 8.01-644.1
Plain-English Summary
This section carves out a narrow limitations rule for a specific population of mandamus petitioners: people confined in a Virginia state correctional facility. Whether the petition is filed by the confined person directly or by someone else on their behalf, it has to be brought within one year after the cause of action accrues.
The one-year clock does not apply to mandamus petitions across the board — only to this particular category tied to confinement in a state correctional facility, leaving the general mandamus procedure in the preceding sections otherwise unaffected by a limitations period of its own.
Frequently Asked Questions
Who does this one-year limitations period apply to?
A person confined in a state correctional facility, whether the petition is filed by that person or on their behalf.
How long does a confined petitioner have to bring a mandamus petition?
One year after the cause of action accrues.
Does this limitations period apply to mandamus petitions generally?
No — it applies specifically to petitions filed by or on behalf of a person confined in a state correctional facility.
What starts the one-year clock?
Accrual of the cause of action.
Does this section apply to writs of prohibition as well?
No — it addresses only a petition for extraordinary writ of mandamus.
Amendment History
1998, c. 596.
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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