by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Return. – The verdict shall be unanimous. It shall be returned by the jury to the judge in open court. (b)Several defendants and offenses. – If there is more than one defendant or offense being tried, the jury at any time during its deliberations may...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. At the same time, copies of such requests shall be...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
After the closing of evidence and the instructions of the court to the jury, the prosecution shall open the argument. The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal.W.Va. R. Crim. P. 29.1Effective October 1, 1981;...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Motion before submission to jury. – Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place. The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Expert witnesses. – The court may order the defendant or the state or both to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties,...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
An official record or an entry therein or the lack of such a record or entry may be proved in the same manner as in civil actions.W.Va. R. Crim. P. 27Effective October 1, 1981.
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