If the application is to the Court of Appeals or the Supreme Court, the procedure shall be in accordance with the provisions of Rules of Court.
§ 8.01-649.Proceedings when application is to Supreme Court or Court of Appeals.
Chapter 25. Extraordinary Writs · Article 2. Mandamus and Prohibition · Last amended 1984 · Last verified July 16, 2026
In one sentenceSection 8.01-649 directs that when a mandamus or prohibition application is made to the Court of Appeals or the Supreme Court, the procedure follows the Rules of Court rather than the Code provisions governing applications made to trial courts.
Full Text of § 8.01-649
Plain-English Summary
This section marks a procedural handoff. Once the application for a writ of mandamus or prohibition goes directly to the Court of Appeals or the Supreme Court, the detailed Code procedure laid out in the preceding sections of this article gives way to the Rules of Court.
For a petitioner filing at that appellate level, that means looking to the applicable Rules of Court for the actual filing, service, and briefing mechanics, rather than assuming the trial-court procedures in §§ 8.01-644 through 8.01-648 carry over unchanged. Section 8.01-645 already flags this exception on the forum question; this section confirms that the substitute procedure is the Rules of Court.
Frequently Asked Questions
What governs mandamus or prohibition procedure when the application goes directly to an appellate court?
The provisions of the Rules of Court.
Which two courts does this section address?
The Court of Appeals and the Supreme Court.
Does this section supply its own procedural steps?
No — it defers to the Rules of Court rather than stating separate steps itself.
Does the notice and service requirement of § 8.01-644 still control at the appellate level?
This section directs that the procedure at that level follows the Rules of Court instead of the Code-based process in the preceding sections.
Why does this distinction matter to a petitioner?
It tells the petitioner to consult the Rules of Court, not this article, for the applicable procedure when applying directly to the Court of Appeals or the Supreme Court.
Amendment History
Code 1950, § 8-710; 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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