(a) In any criminal case or any civil case referred to the Mass Litigation Panel, in any court, if qualified jurors, not exempt from serving, cannot be conveniently found in the county in which the trial is to be held, the judge of the court shall enter an order directing as many jurors as necessary be summoned from any other county or counties: Provided, That for those cases referred to the Mass Litigation Panel, jurors may only be summoned from any contiguous county.
(b) The court order shall include the following:
(1) The date on which the jurors are required to attend;
(2) The county or counties from which the jurors shall be drawn; and
(3) The number of jurors to be drawn.
(c) The judge issuing the order shall direct his or her circuit clerk to forward a certified copy of the order to the circuit clerk in the county or counties from which the jurors are to be drawn.
(d) The circuit clerk of the court conducting the drawing shall do so in the manner provided by law for the drawing of petit jurors. The circuit clerk shall draw a separate jury pool specifically designated for the purpose of complying with the court order. The proceedings for drawing the jurors and the names of the jurors drawn shall be certified by the clerk of the circuit court of the county or counties designated to conduct the drawing and a copy of the certification shall be forwarded to the clerk of the circuit court in the county where the trial is to be held. After forwarding a copy of the certification, the clerk of the circuit court of the county or counties from which the jurors were drawn shall summon the jurors to appear for jury service in the county where the trial is to be held pursuant to the provisions of section nine of this article.
(e) Jurors summoned from a county to serve in another county shall be reimbursed expenses and compensated by the county for which the juror actually served.
Structure West Virginia Code
§52-1-1. Declaration of Policy
§52-1-2. Prohibition of Discrimination
§52-1-5a. Jury Qualification Form; Contents; Procedure for Use; Penalties
§52-1-7. Drawings From the Jury Wheel or Jury Box; Notice of Jury Duty; Penalties
§52-1-7a. Alternate Procedure for Selection of Jury by Electronic Data Processing Methods
§52-1-8. Disqualification From Jury Service
§52-1-11. Excuses From Jury Service
§52-1-12. Discharge of Excess Jurors
§52-1-13. Competency of Jurors When Municipality, County or District Is a Party
§52-1-14. When and How Jurors Are to Be Summoned From a County to Serve in Another County
§52-1-15. Challenging Compliance With Selection Procedures
§52-1-16. Preservation of Records
§52-1-17. Reimbursement of Jurors
§52-1-18. When Juror Not Entitled to Reimbursement
§52-1-19. Record of Allowance to Jurors
§52-1-20. Payment of Reimbursement
§52-1-21. Excuse From Employment
§52-1-22. Fraud in Selection of Jurors; Penalties
§52-1-23. Length of Service by Jurors
§52-1-24. Penalties for Failure to Perform Jury Service
§52-1-25. Present Methods of Jury Selection to Remain in Effect Until Preparation of Master List
§52-1-26. Provisions Apply to Selection Jurors for Magistrate Juries