(a)Courts. – These rules apply to all criminal proceedings in the circuit courts of West Virginia and to the extent specified in the rules to magistrate courts. (b)Proceedings. –
(1)Peace bonds. – These rules do not alter the power of judges of the circuit court or of magistrates to hold to security of the peace and for good behavior under Chapter 62, Article 6, Section 1, et seq., and Chapter 62, Article 10, Section 1, et seq. of the West Virginia Code of 1931, as amended, but in such cases the procedure shall conform to these rules so far as they are applicable and not inconsistent with the above statutory provisions. (2)Proceedings before magistrates. – Proceedings involving misdemeanor offenses before magistrates as specified in Chapter 50, Article 2, Section 3, of the West Virginia Code of 1931, as amended, are governed by Chapter 62, Article 1, Section 5, of the West Virginia Code of 1931, as amended. (3)Other proceedings. – These rules are not applicable to extradition and rendition of fugitives. Except as expressly provided within these rules they do not apply to proceedings under Chapter 49, Article 5, Section 1, et seq. of the West Virginia Code of 1931, as amended, juvenile delinquency so far as they are inconsistent with that statute. (c)Application of terms. – As used in these rules, the following terms have the designated meanings:
(1) State statute includes any act of the West Virginia legislature. (2) Attorney for the state means, where appropriate, the Attorney General, an authorized assistant of the Attorney General, a prosecuting attorney and an authorized assistant of a prosecuting attorney. (3) Civil action refers to a civil action in a circuit court. (4) The words demurrer, motion to quash, plea in abatement, plea in bar, and special plea in bar, or words to the same effect, in any state statute shall be construed to mean the motion raising a defense or objection provided in Rule 12. (5) Circuit Court includes all courts in this state having jurisdiction pursuant to Article 8, Section 6 of the Constitution of West Virginia. (6) Law includes the constitution of this state, the common law, statutes and the judicial decisions construing them. (7) Misdemeanor offense is defined in Chapter 61, Article 11, Section 1 of the West Virginia Code of 1931, as amended. (8) Oath includes affirmation. (9) State means the State of West Virginia.
W.Va. R. Crim. P. 54
Effective October 1, 1981; amended effective September 1, 1995.
