West Virginia Code
Article 4A. Post-Conviction Habeas Corpus
§53-4A-6. Return; Pleadings; Amendments

Within such time as may be specified in the writ or as the court may fix, the state shall make its return. No other or further pleadings shall be filed except as the court may order. At any time prior to entry of judgment on the writ in accordance with the provisions of this article, the court may permit the petitioner to withdraw his petition. The court may make such orders as to amendment of the petition or return or other pleading, as to pleading over, or filing other or further pleadings, or extending the time for the making of the return or the filing of other pleadings, as shall seem to the court to be appropriate, meet and reasonable. In considering the petition, the return or other pleading, or any amendment thereof, substance and not form shall control.

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Structure West Virginia Code

West Virginia Code

Chapter 53. Extraordinary Remedies

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