The court or judge to whom the petition in mandamus or prohibition is presented shall, if the petition makes a prima facie case, issue a rule against the defendant to show cause why the writ prayed for should not be awarded. A copy of the petition shall accompany service of the rule. Such rule shall be returnable at a time to be fixed by the court or judge.
Structure West Virginia Code
Chapter 53. Extraordinary Remedies
Article 1. Prohibition and Mandamus
§53-1-1. When Writ of Prohibition Lies as Matter of Right
§53-1-3. Application for Mandamus or Prohibition
§53-1-6. How Defense Made; Reply; Amendments
§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