West Virginia Judiciary

Rules of Criminal Procedure

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The West Virginia Rules of Criminal Procedure

Table of Contents
  1. Scope, Purpose and Construction
    1. Scope
    2. Purpose and construction
  2. Preliminary Proceedings
    1. The complaint
    2. Arrest warrant or summons upon complaint
    3. Initial appearance before the magistrate; bail
      1. Preliminary examination
  3. Indictment and Information
    1. The grand jury
    2. The indictment and the information
    3. Permissive and mandatory joinder of offenses and defendants
    4. Warrant or summons upon indictment or information
  4. Arraignment and Preparation for Trial
    1. Arraignment
    2. Pleas
    3. Pleadings and motions before trial; defenses and objections.
      1. Notice of alibi
      2. Notice of insanity defense or expert testimony of defendant's mental condition
    4. Trial together of indictments or information
    5. Relief from prejudicial joinder
    6. Depositions
    7. Discovery and inspection
    8. Subpoena
      1. Pretrial conference
  5. Venue
    1. Place of prosecution and trial
    2. Transfer within the county
    3. Reserved
    4. Transfer from the county of indictment for trial
    5. Time of motion to transfer
  6. Trial
    1. Trial by jury or by the court
    2. Trial jurors
    3. Judge; disability
    4. Taking of testimony
      1. Determination of foreign law
      2. Production of statements
    5. Proof of official record
    6. Expert witnesses and interpreters
    7. Motion for judgement of acquittal
      1. Closing argument
    8. Instructions to jury; objections
    9. Verdict
  7. Judgement
    1. Sentence and judgement
      1. Revocation or modification of probation
    2. New trial
    3. Arrest of judgment
    4. Correction or reduction of sentence
    5. Clerical mistakes
  8. Appeal
    1. Taking appeal
    2. Stay of execution and relief pending review
    3. Reserved
  9. Supplementary and Special Proceedings
    1. Offense arising in another county
    2. Search and seizure
    3. Criminal contempt
  10. General Provisions
    1. Presence of defendant
    2. Right to and assignment of counsel
    3. Time
    4. Release from custody
    5. Motions
    6. Dismissal
    7. Service and filing of papers
    8. Calendars
    9. Exceptions unnecessary
    10. Harmless error and plain error
    11. Regulation of conduct in the courtroom
    12. Application and exception
    13. Records
    14. Courts and clerks
    15. Rules of court
    16. Forms (Abrogated)
    17. Effective date
    18. Title