24.2-235 - Procedure. - Virginia Statutes

§ 24.2-235. Procedure.

A petition for the removal of an officer shall state with reasonable accuracyand detail the grounds or reasons for removal and shall be signed by theperson or persons making it under penalties of perjury. The circuit courtshall not dismiss the petition solely because of an error or omission in theform of the petition relating to its statement of the grounds or reasons forremoval if such error or omission is not material in determining whether thestatement of the grounds or reasons for removal provides a reasonable basisunder § 24.2-233 to consider the removal of the officer.

As soon as the petition is filed with the court, the court shall issue a rulerequiring the officer to show cause why he should not be removed from office,the rule alleging in general terms the cause or causes for such removal. Therule shall be returnable in not less than five nor more than ten days andshall be served upon the officer with a copy of the petition. Upon return ofthe rule duly executed, unless good cause is shown for a continuance orpostponement to a later day in the term, the case shall be tried on the daynamed in the rule and take precedence over all other cases on the docket. Ifupon trial it is determined that the officer is subject to removal under theprovisions of § 24.2-233, he shall be removed from office.

(1975, cc. 515, 595, § 24.1-79.7; 1993, c. 641; 2009, cc. 868, 876.)