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Rule 16 - Dismissal (a)By Attorney for State. - The attorney for the state may move to dismiss a complaint, and if the magistrate grants the motion the prosecution shall thereupon terminate. Such a dismissal shall not be granted during the trial without the consent of the defendant.

Federal Rule of Criminal Procedure 11(e) recognizes and codifies the concept of plea agreements. The plea agreement procedure, however, is not mandatory; a court is free to reject the parties' plea agreement.

A subpoena may be served at any place within the State. Proof of service when necessary shall be made by filing with the clerk of the court by which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who made the service.

- The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.

If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.

Every such subpoena and subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by any person over eighteen years of age or by registered or certified mail, but a return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is

Rule 45 - Subpoena (a)Form; issuance. - (1) Every subpoena shall be in a form which substantially complies with Form 33. Civil Case Subpoena, as set forth in the Appendix of Forms of the Rules of Civil Procedure.

Rule 12 - Pleadings and motions before trial; defenses and objections (a)Pleadings and motions. - Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere.

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Subpoena to Produce Documents, Information, or Objects in a Criminal Case. Download Form (pdf, 1.A criminal subpoena is an official request for production. A witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document. Please note: at the majority of court proceedings witnesses are not allowed to enter the courtroom until they are called upon to testify. An unrepresented party must have a court clerk sign a subpoena. Criminal Cases: Caselaw suggests that a subpoena issued in a criminal case may not be issued without giving notice to parties of record. CASE NAME: Put all items checked in item 2c and your completed Declaration of Custodian of Records form in an envelope. If you were a victim of a crime or witness to one, you may receive a subpoena telling you when you have to come to court, and who is calling you to court. You may decide you need to subpoena documents for your case.

West Virginia Subpoena in a Criminal Case

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What is Rule 16 WV Rules of Criminal Procedure?

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