The writ shall be directed to the person in whose custody the petitioner is detained and made returnable as soon as may be. If the writ be ordered by any court or judge other than the Supreme Court of Appeals or a judge thereof, it shall be returnable before the court or judge ordering it, if such court or judge be of the county wherein the petitioner is detained; otherwise, before a proper court or judge of the county wherein the petitioner is detained. If the writ be ordered by the Supreme Court of Appeals or a judge thereof, it may be made returnable either before such court or before a proper court or judge of the county wherein the petitioner is detained.
Structure West Virginia Code
Chapter 53. Extraordinary Remedies
§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
§53-4-5. Penalty for Disobeying Writ
§53-4-6. When Affidavits May Be Read as Evidence
§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