                                 CODE OF VIRGINIA

BY WHOM FILED; WHEN LEAVE GRANTED AND WRIT ISSUED (§ 8.01-637)

A. The Attorney General or attorney for the Commonwealth of any county or city
of which the circuit court has jurisdiction of the proceeding, at his own
instance or at the relation of any interested person, or any interested person,
may apply to such court by petition verified by oath for a writ of quo warranto.
In case of an application under &#xA7; 8.01-636 2a the term &#8220;any
interested person&#8221; shall include any attorney licensed to practice law in
this Commonwealth and qualified to practice before the Supreme Court of
Virginia, or the circuit court in which the petition is filed.

B. If, in the opinion of the court, the matters stated in the petition are
sufficient in law to authorize the issuance of such writ, a writ shall issue
thereon, commanding the sheriff to summon the defendant to appear at a date set
forth in the writ.

C. If the petition is filed on the relation of any person or by any person at
his own instance, before the clerk shall issue the writ the court shall require
the relator or person to give bond with sufficient surety, to be approved by the
clerk, to indemnify the Commonwealth against all costs and expenses of the
proceedings, in case the same shall not be recovered from and paid by the
defendant.

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