When the application is made, on proof of notice and service of the copy of the petition as aforesaid, if the defendant fails to appear, or appearing fails to make defense, and the petition states a proper case for the writ, a peremptory writ shall be awarded with costs.
§ 8.01-646.When writ awarded if no defense made.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-646 lets a court award a peremptory writ of mandamus or prohibition with costs, once proof of notice and service is shown, when the defendant fails to appear or appears but fails to make a defense, and the petition states a proper case for the writ.
Full Text of § 8.01-646
Plain-English Summary
This section supplies the default-judgment mechanism for mandamus and prohibition cases. Once the petitioner proves that the notice and service required by § 8.01-644 happened, a defendant who fails to appear, or who appears but fails to mount a defense, does not automatically win the case for the petitioner.
The petition still has to state a proper case for the writ before judgment follows. Only when that condition is met does the court award a peremptory writ — a final, unconditional command — along with costs, closing the case in the petitioner’s favor without a contested hearing.
Frequently Asked Questions
What must be proven before a peremptory writ can issue under this section?
Proof of notice and service of the copy of the petition.
What two defendant scenarios trigger this writ?
The defendant fails to appear, or the defendant appears but fails to make a defense.
Is the writ automatic regardless of the petition’s substance?
No — the petition must also state a proper case for the writ.
What type of writ issues under this section?
A peremptory writ.
Does the writ come with costs?
Yes — a peremptory writ shall be awarded with costs.
Amendment History
Code 1950, § 8-706; 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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