Except as provided in § 2.2-3713, application for a writ of mandamus or a writ of prohibition shall be on petition verified by oath, after the party against whom the writ is prayed has been served with a copy of the petition and notice of the intended application a reasonable time before such application is made.
§ 8.01-644.Application for mandamus or prohibition.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 2009 · Last verified July 16, 2026
In one sentenceSection 8.01-644 requires anyone seeking a writ of mandamus or prohibition in Virginia to file a petition verified by oath and, except in Virginia Freedom of Information Act cases under § 2.2-3713, to first serve the opposing party with a copy of the petition and notice of the intended application a reasonable time beforehand.
Full Text of § 8.01-644
Plain-English Summary
Applying for either of these two extraordinary writs starts with the same basic requirement: a petition verified by oath, laying the application under sworn statement rather than mere assertion.
Before that petition can be brought, the party against whom the writ is sought generally has to be served with a copy of it, along with notice of the intended application, a reasonable time in advance. That advance step gives the opposing party real warning rather than a surprise filing, and it sets up the default-judgment mechanism in § 8.01-646, which depends on proof that this notice and service happened.
The one carve-out is for applications under § 2.2-3713 — Virginia’s FOIA enforcement mechanism — which are exempt from this advance-notice requirement, reflecting that records-access disputes often need to move on a faster track.
Frequently Asked Questions
What form must a mandamus or prohibition application take?
A petition verified by oath.
What advance step must the petitioner take before applying?
Serve the party against whom the writ is sought with a copy of the petition and notice of the intended application, a reasonable time before the application is made.
Is there an exception to the advance-notice requirement?
Yes — applications under § 2.2-3713 are excepted from this requirement.
Does the statute set an exact number of days for “reasonable time”?
No — it uses the standard of reasonable time without a fixed number of days.
Does this section apply to both mandamus and prohibition?
Yes — it covers an application for a writ of mandamus or a writ of prohibition.
Amendment History
Code 1950, § 8-704; 1977, c. 617; 2009, c. 634.
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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