8.01-637 - By whom filed; when leave granted and writ issued. - Virginia Statutes

§ 8.01-637. By whom filed; when leave granted and writ issued.

A. The Attorney General or attorney for the Commonwealth of any county orcity of which the circuit court has jurisdiction of the proceeding, at hisown instance or at the relation of any interested person, or any interestedperson, may apply to such court by petition verified by oath for a writ ofquo warranto. In case of an application under § 8.01-636 2a the term "anyinterested person" shall include any attorney licensed to practice law inthis Commonwealth and qualified to practice before the Supreme Court ofVirginia, or the circuit court in which the petition is filed.

B. If, in the opinion of the court, the matters stated in the petition aresufficient in law to authorize the issuance of such writ, a writ shall issuethereon, commanding the sheriff to summon the defendant to appear at a dateset forth in the writ.

C. If the petition is filed on the relation of any person or by any person athis own instance, before the clerk shall issue the writ the court shallrequire the relator or person to give bond with sufficient surety, to beapproved by the clerk, to indemnify the Commonwealth against all costs andexpenses of the proceedings, in case the same shall not be recovered from andpaid by the defendant.

(Code 1950, §§ 8-858, 8-859, 8-860; 1977, c. 617; 1980, c. 705.)