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§ 8.01-650.Suspension of proceedings, where prohibition applied for.

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

In one sentenceSection 8.01-650 lets a court, on a petition for a writ of prohibition, suspend the proceedings sought to be prohibited at any time before or after the application is made, with the suspension lasting until the cause is finally decided and a copy of the order served on the defendant.

Full Text of § 8.01-650

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On petition for a writ of prohibition, the court may, at any time before or after the application for the writ is made, make an order, a copy of which shall be served on the defendant, suspending the proceedings sought to be prohibited until the final decision of the cause.

Plain-English Summary

Prohibition exists to stop an inferior tribunal or officer from acting outside its authority, and this section gives the court a way to freeze the situation while that question gets sorted out. On a petition for a writ of prohibition, the court can make an order suspending the proceedings the petition targets — and it can do this at any time, whether the formal application for the writ has already been made or not yet filed.

The suspension is not indefinite in an unbounded way; it runs until the final decision of the cause, tying its duration to the resolution of the prohibition case itself. The defendant has to be served with a copy of the suspension order, so the party whose proceedings are being paused knows exactly what has happened.

Because the underlying proceeding might otherwise race ahead and become moot before the prohibition case can be decided, the ability to freeze it immediately — even before the petition is formally filed — is what keeps the remedy meaningful.

Frequently Asked Questions

What can a court do while a prohibition petition is pending, or even before it is filed?

Make an order suspending the proceedings sought to be prohibited.

How long can the suspension last?

Until the final decision of the cause.

Must the defendant be notified of the suspension order?

Yes — a copy of the order must be served on the defendant.

Can the court act before the formal application for the writ is made?

Yes — the order may be made at any time before or after the application for the writ is made.

Does this section apply to mandamus petitions as well?

No — it addresses a petition for a writ of prohibition specifically.

Amendment History

Code 1950, § 8-711; 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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