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§ 8.01-648.What judgment to be rendered.

Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1977 · Last verified July 16, 2026

In one sentenceSection 8.01-648 requires the court to award or deny a writ of mandamus or prohibition based on the law and facts of the case, and lets the court decide, in its discretion, whether to award costs along with that judgment.

Full Text of § 8.01-648

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The court shall award or deny the writ according to the law and facts of the case, with or without costs.

Plain-English Summary

After the case has been heard on its merits, this section supplies the general judgment standard: the court awards or denies the writ according to the law and facts of the case. That is a deliberately general standard, leaving the specific factors to whatever mandamus or prohibition doctrine applies to the underlying dispute rather than listing them in the statute itself.

Costs are left to the court’s discretion either way — the writ may be awarded or denied with or without costs, rather than costs following automatically from the outcome.

This section is the baseline that governs when the case does not fall into the default-judgment scenario in § 8.01-646; that section addresses a defendant who fails to appear or defend, while this one governs judgment once the case has been contested.

Frequently Asked Questions

What standard governs whether the writ is awarded or denied?

The law and facts of the case.

Does the court have discretion over costs?

Yes — the writ may be awarded or denied with or without costs.

Does this section list specific factors the court must weigh?

No — it states only the general law-and-facts standard.

Does the section distinguish mandamus judgments from prohibition judgments?

No — it applies the same general judgment standard to the writ without distinguishing between the two.

Is this section the source of the peremptory-writ default rule?

No — that default rule comes from § 8.01-646; this section states the general standard after the case is fully heard.

Amendment History

Code 1950, § 8-709; 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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