by admin | May 14, 2021 | Criminal Procedure, West Virginia
Except as permitted by the guidelines established by the Supreme Court of Appeals of West Virginia, the taking of photographs in the courtroom during the progress of judicial proceedings or radio broadcasting of judicial proceedings from the courtroom shall not be...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Harmless error. – Any error, defect, irregularity, or variance which does not affect substantial rights shall be disregarded. (b)Plain error. – Plain errors or defects affecting substantial rights may be noticed although they were not brought to the...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
Exceptions to rulings or orders of the court are unnecessary and for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
The circuit courts may provide for placing criminal proceedings upon appropriate calendars. Preference shall be given to criminal proceedings as far as practicable.W.Va. R. Crim. P. 50Effective October 1, 1981.
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)Service: When required. – Written motions other than those which are heard ex parte, written notices, designations of record on appeal, and similar papers shall be served upon each of the parties. (b)Service: How made. – Whenever under these rules or by...
by admin | May 14, 2021 | Criminal Procedure, West Virginia
(a)By attorney for state. – The attorney for the state may by leave of court file a dismissal of an indictment, information or complaint, and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the...
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