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Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...

Rule 22. Habeas Corpus and Section 2255 Proceedings. (a) Application for the Original Writ. An application for a writ of habeas corpus must be made to the appropriate district court. If made to a circuit judge, the application must be transferred to the appropriate district court.

What Age Can a Child Refuse Visitation in West Virginia? Custody orders stay in place until a child reaches 18 or is emancipated. A judge may order a visitation or custody arrangement that doesn't align with a child's preference. For example, a child may not want to have visits with an estranged parent.

Rule 16. — Trial shall be conducted by the examination and cross-examination of witnesses under oath or affirmation, in an orderly manner, and in ance with the West Virginia Rules of Evidence. (b) Trial by jury.

A family court final order shall contain language explicitly informing the parties (1) that it is a final order; (2) that any party aggrieved by the final order may take an appeal either to the intermediate court of appeals or directly to the supreme court of appeals under West Virginia Code § 51-2A-15; (3) that an ...

Rule 37 - Effective until 1/1/2025 Failure to cooperate in discovery; sanctions (a)Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate court.

Rule 20 Oral Argument Cases involving constitutional questions regarding the validity of a statute, municipal ordinance, or court ruling; and. Cases involving inconsistencies or conflicts among the decisions of lower tribunals.

- A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a ...

The court shall grant summary judgment if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.