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§ 8.01-645.What petition to state; where presented.

Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1984 · Last verified July 16, 2026

In one sentenceSection 8.01-645 requires a mandamus or prohibition petition to plainly and concisely state the grounds of the application and conclude with a prayer for the writ, and to be presented to the court with jurisdiction unless the application goes to the Court of Appeals or the Supreme Court.

Full Text of § 8.01-645

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The petition shall state plainly and concisely the grounds of the application, concluding with a prayer for the writ, and shall be presented to the court having jurisdiction, unless the application is to the Court of Appeals or the Supreme Court.

Plain-English Summary

This section sets the baseline content and forum rules for the petition. On content, the petition has to state the grounds of the application plainly and concisely, and it has to conclude with a prayer for the writ — a request that the court grant the relief being sought.

On forum, the petition is ordinarily presented to the court having jurisdiction over the matter. The exception is when the application targets the Court of Appeals or the Supreme Court directly, in which case the petitioner skips the trial-level filing step and goes straight to the appellate court, where § 8.01-649 then directs the procedure to follow the Rules of Court instead.

Frequently Asked Questions

What must the petition’s content accomplish?

Plainly and concisely state the grounds of the application.

How must the petition conclude?

With a prayer for the writ.

Where is the petition ordinarily presented?

To the court having jurisdiction.

What is the exception to presenting the petition to a trial-level court?

When the application is to the Court of Appeals or the Supreme Court instead.

Does this section add formatting or evidentiary requirements beyond the grounds and the prayer for relief?

No — it requires only that the grounds be stated plainly and concisely and that the petition conclude with a prayer for the writ.

Amendment History

Code 1950, § 8-705; 1977, c. 617; 1984, c. 703.

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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