There is a newer version of the West Virginia Code
2005 West Virginia Code - CHAPTER 53. — EXTRAORDINARY REMEDIES
- CHAPTER 53. — EXTRAORDINARY REMEDIES.
- ARTICLE 1. — PROHIBITION AND MANDAMUS.
- §53-1-1. — When writ of prohibition lies as matter of right.
- §53-1-2. — Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued.
- §53-1-3. — Application for mandamus or prohibition.
- §53-1-4. — Contents of petition.
- §53-1-5. — When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable.
- §53-1-6. — How defense made; reply; amendments.
- §53-1-7. — Adjournment.
- §53-1-8. — Award or denial of writ; costs.
- §53-1-9. — Suspension of proceedings where prohibition applied for.
- §53-1-10. — Certification of proceedings in vacation; entry in order book.
- §53-1-11. — Service of writ; how obedience to writ enforced.
- §53-1-12. — Distribution of levy under mandamus to satisfy judgment against a political subdivision.
- ARTICLE 2. — QUO WARRANTO.
- §53-2-1. — In what cases quo warranto awarded.
- §53-2-2. — Application for writ.
- §53-2-3. — Award of writ; signing and attestation; bond.
- §53-2-4. — Information in the nature of writ of quo warranto.
- §53-2-5. — Service of writ or summons.
- §53-2-6. — Judgment when defendant fails to appear; defendant may have judgment set aside and make defenses where service by publication; pleading where defendant appears.
- §53-2-7. — Verdict; judgment; costs; attorney's fee.
- §53-2-8. — Receivership for property of dissolved corporation.
- ARTICLE 3. — CERTIORARI.
- §53-3-1. — Jurisdiction.
- §53-3-2. — When certiorari lies.
- §53-3-3. — Contents of record; removal of record to circuit court; review.
- §53-3-4. — Award of certiorari in vacation; habeas corpus in aid thereof.
- §53-3-5. — Stay of proceedings on judgment or order removed by certiorari -- Bond.
- §53-3-6. — Same -- Duration.
- ARTICLE 4. — HABEAS CORPUS.
- §53-4-1. — When and by whom writ granted.
- §53-4-2. — To whom writ directed; return of writ.
- §53-4-3. — Bond may be required of petitioner.
- §53-4-4. — Service of writ.
- §53-4-5. — Penalty for disobeying writ.
- §53-4-6. — When affidavits may be read as evidence.
- §53-4-7. — Judgment.
- §53-4-8. — Facts proved may be made part of record.
- §53-4-9. — Powers of judge in vacation.
- §53-4-10. — Judgment conclusive; exception.
- §53-4-11. — Revision of judgment by supreme court of appeals.
- §53-4-12. — Disposition of prisoner and proceedings pending writ of error.
- §53-4-13. — Writs of habeas corpus ad testificandum.
- ARTICLE 4A. — POST-CONVICTION HABEAS CORPUS.
- §53-4A-1. — Right to habeas corpus for post-conviction review; jurisdiction; when contention deemed finally adjudicated or waived; effect upon other remedies.
- §53-4A-2. — Petition; contents thereof; supreme court may prescribe form of petition, verification and writ; duties of clerk.
- §53-4A-3. — Refusal of writ; granting of writ; direction of writ; how writ made returnable; duties of clerk, attorney general and prosecuting attorney.
- §53-4A-4. — Inability to pay costs, etc.; appointment of counsel; obtaining copies of record or records in criminal proceedings or in a previous proceeding or proceedings to secure relief; payment of all costs and expenses; adjudging of costs.
- §53-4A-5. — Service of writ.
- §53-4A-6. — Return; pleadings; amendments.
- §53-4A-7. — Denial of relief; hearings; evidence; record; judgment.
- §53-4A-8. — Powers of judges or judge in vacation.
- §53-4A-9. — Judicial review; disposition of petitioner pending appeal.
- §53-4A-10. — Construction; repeal.
- §53-4A-11. — Severability.
- ARTICLE 5. — INJUNCTIONS.
- §53-5-1. — Injunction for protection of property.
- §53-5-2. — Forthcoming bond may be required where removal of property from state enjoined.
- §53-5-3. — In what courts bill brought.
- §53-5-4. — General jurisdiction of judge to award injunction.
- §53-5-5. — Injunction by judge of supreme court of appeals.
- §53-5-6. — Injunction by circuit court or judge where award thereof refused by court of limited jurisdiction.
- §53-5-7. — To what clerk order for injunction directed.
- §53-5-8. — Equity of plaintiff to be shown by affidavit or otherwise; notice to adverse party; hearing after injunction awarded or denied; certification of questions; appeals.
- §53-5-9. — Injunction bond.
- §53-5-10. — How surety in forthcoming bond may obtain additional security.
- §53-5-11. — Dissolution of injunction in vacation.
- §53-5-12. — Damages on dissolution; liability of sureties on forthcoming bond.
- §53-5-13. — Dismissal of bill for injunction.
- ARTICLE 6. — SPECIAL RECEIVERS.
- §53-6-1. — Special receiver -- Appointment generally; bond; notice of application for appointment.
- §53-6-2. — Same -- Appointment by order of supreme court of appeals or judge thereof in vacation.
- §53-6-3. — Same -- Accounting.
- ARTICLE 7. — ARRESTS IN CIVIL CASES.
- §53-7-1. — Order for arrest -- Affidavit; grounds for arrest.
- §53-7-2. — Same -- By whom made; plaintiff to give bond.
- §53-7-3. — Same -- Issuance; form.
- §53-7-4. — Arrest and commitment unless bond given by defendant.
- §53-7-5. — To whom bond of defendant may be given; return and filing thereof.
- §53-7-6. — Discharge of defendant or bond.
- §53-7-7. — Interrogatories to defendant in custody; discharge of defendant.
- §53-7-8. — Conveyance or other disposition of property.
Disclaimer: These codes may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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