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§ 8.01-652.Service of writ; how obedience enforced.

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

In one sentenceSection 8.01-652 treats service of a copy of the order awarding a mandamus or prohibition writ as equivalent to service of the writ itself, and allows obedience to the writ or order to be enforced through the process of contempt.

Full Text of § 8.01-652

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Service of a copy of the order awarding the writ shall be equivalent to service of the writ, and obedience to the writ or order may be enforced by process of contempt.

Plain-English Summary

This section streamlines both service and enforcement. A party does not need to be separately served with the original writ — service of a copy of the order that awarded the writ counts as equivalent to service of the writ itself, cutting out a redundant formal step.

Enforcement then runs through contempt. If the party bound by the writ or order does not obey it, that disobedience can be addressed through contempt proceedings, giving mandamus and prohibition orders real teeth without requiring a separate enforcement lawsuit.

Frequently Asked Questions

Does a party need to be served with the original writ itself?

No — service of a copy of the order awarding the writ is equivalent to service of the writ.

How is compliance with the writ or order enforced?

Through the process of contempt.

Does this section apply to both mandamus and prohibition writs?

Yes — it sits within Article 2, covering the writ or order generally in mandamus and prohibition proceedings.

What consequence does a party face for disobeying?

Enforcement through contempt proceedings.

Does this section specify a particular type of contempt?

No — it states only that obedience may be enforced by process of contempt, without specifying the form.

Amendment History

Code 1950, § 8-713; 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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