Rule 60 – Title

by | May 14, 2021 | Criminal Procedure, West Virginia

These rules may be known and cited as the West Virginia Rules of Criminal Procedure and may be cited as W.Va.R.Crim.P.W.Va. R. Crim. P. 60Effective October 1, 1981; amended effective September 1, 1995.

Rule 59 – Effective date

by | May 14, 2021 | Criminal Procedure, West Virginia

These rules shall take effect on October 1, 1981. They govern all proceedings in actions brought after they take effect and also further proceedings in actions then pending, except to the extent that in the opinion of the circuit court their application in a...

Rule 57 – Rules of court

by | May 14, 2021 | Criminal Procedure, West Virginia

(a)Rules by circuit court. – Local rules may be made by circuit courts for the conduct of criminal proceedings, but they shall be consistent with these rules. Such rules and any amendments thereof shall be effective only after they are filed and approved by the...

Rule 56 – Courts and clerks

by | May 14, 2021 | Criminal Procedure, West Virginia

The circuit court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process, and of making motions and orders. The clerk’s office with the clerk or a deputy in attendance shall be open during business hours on all...

Rule 55 – Records

by | May 14, 2021 | Criminal Procedure, West Virginia

(a) The clerk of the circuit court and the clerk of the magistrate court shall keep records in criminal proceedings in such form as the Supreme Court of Appeals may prescribe. The clerk shall enter in the records each order or judgment of the court and the date such...