Virginia Code

Va. Code Ann. § 17.1-309 (2026)

Jurisdiction of writs of mandamus and prohibition

✓ current as of May 2026
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The Supreme Court shall have jurisdiction to issue writs of mandamus and prohibition to the circuit and district courts, the Court of Appeals, and to the State Corporation Commission and in all other cases in which such writs, respectively, would lie according to the principles of the common law. Provided that no writ of mandamus, prohibition or any other summary process whatever shall issue in any case of the collection of revenue or attempt to collect the same, or to compel the collecting officers to receive anything in payment of taxes except such money as is legal tender for the payment of revenue, or in any case arising out of the collection of revenue in which the applicant for the writ of process has any other remedy adequate for the protection and enforcement of his individual right, claim and demand, if just.

Code 1919, § 5864, § 17-96; 1998, c. 872; 2021, Sp. Sess. I, c. 489.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2003–2022 · leading case: In Re Horan, 634 S.E.2d 675 (Va. 2006).
In Re Horan, 634 S.E.2d 675 (Va. 2006). · cites it 2× “*676 Proceeding under the Court's original jurisdiction pursuant to Article VI, § 1 of the Constitution of Virginia and Code § 17.1-309, the petitioner, Robert F.”
In Re Commonwealth's Attorney, 576 S.E.2d 458 (Va. 2003). · cites it 2× “The Commonwealth’s Attorney is proceeding under this Court’s original jurisdiction pursuant to Article VI, § 1 of the Constitution of Virginia and Code § 17.1-309. *315 This Court consolidated the petitions for purposes of argument and opinion.”
In Re: Hon. Adrianne L. Bennett (ORDER) (Va. 2022). · cites it 2× “320, 351 (2016), involving an exercise of a core judicial power subject “to the principles of the common law,” see Code § 17.1-309. Article VI, Section 1 of the Constitution of Virginia places that power within the “original jurisdiction” of the Supreme Court of Virginia.”
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