West Virginia Code
Chapter 51. Courts and Their Officers

§51-1-4. Regulation of Pleading, Practice and Procedure in All Courts of Record; Judicial Council as Advisory Committee - The Supreme Court of Appeals may, from time to time,...

§51-1-4a. Rules Governing Practice of Law; Creation of West Virginia State Bar; Providing Its Powers, and Fees for Administration - The Supreme Court of Appeals of West Virginia shall, from...

§51-1-5. Regular Terms - Two terms of the Supreme Court of Appeals shall be...

§51-1-6. Special Terms - Special terms of the Supreme Court of Appeals may be...

§51-1-7. Warrant of Judges Appointing Special Term - The judges of said court, or a majority of them,...

§51-1-8. Hearing of Cases at Special Term - At any special term of the court, any cause, the...

§51-1-9. What Cases May Be Decided at Regular or Special Term - The court may, at any regular or special term, decide...

§51-1-10. Adjournment - The court may, at any regular or special term, adjourn...

§51-1-10a. Salary of Justices - The salary of each of the justices of the Supreme...

§51-1-11. Appointment and Compensation of the Clerk and Employees of the Clerks' Office; Compensation - The justices of the Supreme Court of Appeals may appoint...

§51-1-12. Duties of Clerk - It shall be the duty of the clerk of the...

§51-1-15. Administrative Office of Supreme Court of Appeals Continued; Director; Assistants and Secretaries; Seal - The administrative office of the Supreme Court of Appeals heretofore...

§51-1-16. Director and Assistant Directors Not to Practice Law - During his employment in the administrative office, no director or...

§51-1-17. Administrative Office of Supreme Court of Appeals -- Duties of Director - The director shall, when authorized by the Supreme Court of...

§51-1-18. Same -- Annual Report of Activities and Estimates of Expenditures - The director shall submit annually to the Supreme Court of...

§51-1-20. Feasibility Study of One Day-One Trial Jury Selection System - The Supreme Court of Appeals shall conduct a study to...

§51-1-21. Authority to Maintain Domestic Violence Database - (a) The West Virginia Supreme Court of Appeals is hereby...

§51-1-22. Court Advanced Technology Subscription Fund Created - (a) There is created within the State Treasury a special...

§51-1-23. Court Facilities Maintenance Fund Created - (a) There is created within the State Treasury a special...

Article 1A. Uniform Certification of Questions of Law Act

§51-1A-1. Definitions - As used in this article: (1) "State" means a state...

§51-1A-2. Power to Certify - The Supreme Court of Appeals of West Virginia, on the...

§51-1A-3. Power to Answer - The Supreme Court of Appeals of West Virginia may answer...

§51-1A-4. Power to Amend Question - The Supreme Court of Appeals of West Virginia may reformulate...

§51-1A-5. Certification Order; Record - The court certifying a question shall issue a certification order...

§51-1A-6. Contents of Certification Order - (a) A certification order must contain: (1) The question of...

§51-1A-7. Notice; Preference - The Supreme Court of Appeals of West Virginia, acting as...

§51-1A-8. Procedures - After the Supreme Court of Appeals of West Virginia has...

§51-1A-9. Opinion - The Supreme Court of Appeals of West Virginia shall state...

§51-1A-10. Cost of Certification - Fees and costs are the same as in civil appeals...

§51-1A-11. Severability - If any provision of this article or its application to...

§51-1A-12. Construction - This article shall be construed as to effectuate its general...

§51-1A-13. Short Title - This article may be cited as the "Uniform Certification of...

Article 2. Circuit Courts; Circuit Judges

§51-2-1. Judicial Circuits; Terms of Office; Legislative Findings and Declarations; Elections; Terms of Court - (a) The state shall be divided into the following judicial...

§51-2-2. Jurisdiction - (a) The circuit court shall have supervision and control of...

§51-2-3. Adjourned Terms - If any term of a circuit court is about to...

§51-2-4. Special Terms -- When and How Held - If any term of such court has ended without dispatching...

§51-2-5. Same -- Adjournment - Whenever any judge of a circuit court shall have appointed...

§51-2-6. Same -- for Trial of Person Imprisoned - Whenever the situation of a prisoner confined in jail for...

§51-2-7. Same -- What Causes May Be Tried; Judge Presiding - Any cause, civil or criminal, and any motion or proceeding...

§51-2-8. Residence of Judge; Disqualification - Each circuit, criminal or intermediate judge, during his continuance in...

§51-2-13. Salaries of Judges of Circuit Courts - The salaries of the judges of the various circuit courts...

§51-2-14. Holding Court in Two or More Counties in Circuit at Same Time - Notwithstanding any provision in this code to the contrary, terms...

§51-2-15. Business Court Division - (a) The West Virginia Legislature finds that, due to the...

Article 2A. Family Courts

§51-2A-1. Family Courts Established - There is hereby created in each county in this state...

§51-2A-2. Family Court Jurisdiction; Exceptions; Limitations - (a) The family court shall exercise jurisdiction over the following...

§51-2A-2a. Family Court Jurisdiction to Restrict Contact Between Parties - (a) A family court in its discretion may, at any...

§51-2A-3. Number of Family Court Judges; Assignment of Family Court Judges by Family Court Circuits - (a) Beginning on January 1, 2009, forty-five family court judges...

§51-2A-4. Qualifications of Family Court Judges - (a) A family court judge must be a resident of...

§51-2A-5. Term of Office of Family Court Judge; Initial Appointment; Elections - (a) Beginning with the election to be conducted in the...

§51-2A-6. Compensation and Expenses of Family Court Judges and Their Staffs - (a) A family court judge is entitled to receive as...

§51-2A-7. Powers; Administrative and Judicial Functions of Family Court Judge - (a) The family court judge will exercise any power or...

§51-2A-8. Rules of Practice and Procedure; Applicability of Rules of Evidence; Record of Hearings; Duties of Clerk of Circuit Court - (a) Pleading, practice and procedure in matters before a family...

§51-2A-9. Contempt Powers of Family Court Judge - (a) In addition to the powers of contempt established in...

§51-2A-10. Motion for Reconsideration of Family Court Order - (a) Any party may file a motion for reconsideration of...

§51-2A-11. Petition for Appeal - (a) Within thirty days following the entry of a final...

§51-2A-12. Stay of Proceedings Pending Appeal - (a) Any person desiring to file a petition for appeal...

§51-2A-13. Motion to Dismiss Appeal - At any time following the filing of a petition for...

§51-2A-14. Review by Circuit Court; Record; Standard of Review; Temporary Order Upon Demand - (a) The circuit court may refuse to consider the petition...

§51-2A-15. Review by Supreme Court of Appeals; Assistance for Pro Se Appellants - (a) If both of the parties file, either jointly or...

§51-2A-16. Expiration of Appellate Procedures; Exceptions; Report Requirements - (a) The provisions of sections eleven, twelve, thirteen, fourteen and...

§51-2A-17. Disciplinary Proceedings for Family Court Judges - A family court judge may be censured, temporarily suspended or...

§51-2A-18. Vacancy in the Office of Family Court Judge - If a vacancy occurs in the office of family court...

§51-2A-19. Temporary Assignment of Family Court Judges - (a) Upon the occurrence of a vacancy in the office...

§51-2A-20. County Commissions Required to Furnish Offices for the Family Court Judges - Each county commission of this state has a duty to...

§51-2A-21. Budget of the Family Court - The budget for the payment of the salaries and benefits...

§51-2A-22. Family Court Fund - The office and the clerks of the circuit courts shall,...

§51-2A-23. Operative Dates; Terminology - (a) Except as provided in subsection (b) of this section,...

§51-2A-24. Review by Intermediate Court of Appeals; Transfer of Jurisdiction From Circuit Court - (a) Notwithstanding any provision of this code to the contrary,...

Article 3. Courts in General

§51-3-1. Seals of Courts - For every court without one, the Governor shall provide a...

§51-3-2. Use of Private Seal - Until provided with an official seal, every clerk of such...

§51-3-3. Jurisdiction Over Watercourses - When any river or watercourse lies between any counties in...

§51-3-4. Records - The proceedings of every court shall be entered in a...

§51-3-5. Attending Officer - The Supreme Court of Appeals shall not be attended by...

§51-3-6. Citizenship and Taxpaying Not Ground for Disqualification of Judge, Sheriff or Other Court Officer - No judge of any court, and no sheriff or other...

§51-3-7. Place of Sessions of Courts of County; Destruction of Courthouse - Every circuit court, county court and other court of record...

§51-3-8. Change of Place or Time of Session by Governor - Whenever, by reason of the destruction of the building in...

§51-3-9. Limitation of §§51-3-7 and 51-3-8 - No such place of session for a circuit court, county...

§51-3-10. Opening After Day Fixed - Though court be not held on the first day of...

§51-3-11. Effect of Changing Time or Place of Session - When the place for holding any court, or the day...

§51-3-12. Adjournments - Any court of record may, at any term, whether regular,...

§51-3-13. Power of Judges of Circuit Courts to Act During Vacation of Court - The limitations upon the powers of circuit court judges to...

§51-3-14. Court Security Fund - (a) The offices and the clerks of the magistrate courts...

§51-3-15. Court Security Board, Terms - (a) There is hereby created a court security board who...

§51-3-16. Security Plans; Approval by Court Security Board; Awards; Training - (a) The sheriff of each county in conjunction with the...

§51-3-17. Promulgation of Legislative Rules - The board shall promulgate legislative rules pursuant to the provisions...

§51-3-18. Expeditious Filling of Judicial Vacancies - (a) The Legislature finds that when judicial offices created under...

§51-3-19. Courthouse Security Officers; Arrest Authority; Concealed-Carry Authority; Requirements for Participation; Authorization to Carry Firearms Concealed Consistent With Federal Law - (a) In furtherance of enhanced courthouse security for court personnel,...

Article 4. General Provisions Relating to Clerks of Courts

§51-4-1. Where Clerks' Offices to Be Kept - The clerk's office of the Supreme Court of Appeals shall...

§51-4-2. Inspection of Records and Papers; Copies - The records and papers of every court shall be open...

§51-4-3. Preservation and Destruction of Papers; Microphotography and Electronic Storage - All papers lawfully returned to or filed in the clerk's...

§51-4-4. Removal of Records or Papers Out of County; Penalty - None of the records or papers of a court shall...

§51-4-5. Authority to Administer Oath - Any clerk of a court, or his deputy, may administer...

§51-4-6. Preparation of Bonds - Every clerk shall prepare in a proper manner any bond...

§51-4-7. Transmission of Copies of Certain Records to County Clerk; Recordation; Penalty - The clerk of the court wherein there is any partition...

§51-4-10. Duplicate Certificate of Allowance; Penalty - There shall be no duplicate certificate of any allowance of...

§51-4-12a. Free Recordation of Discharges, Other Than Dishonorable, and Certificates of Satisfactory Service; Free Issuance to Veterans and Dependents of Copies of Certain Records - A discharge, other than dishonorable, from the Armed Forces of...

Article 5. Commissioners in Chancery and for Stating Accounts

§51-5-1. Appointment, Removal and Powers of Commissioners - Each circuit court and every other court of record now...

§51-5-2. Oath of Commissioner - Every such commissioner, before proceeding to act, shall take the...

Article 6. General Receivers

§51-6-1. Appointment; Term; Duties; Authority - Each circuit court, and every other court of record having...

§51-6-2. Powers and Duties as to Securities - The certificates of stock or other securities in which, under...

§51-6-3. Dividends and Interest - The general receiver shall collect the dividends and interest on...

§51-6-4. Interest on Money Loaned - The interest on all loans made to individuals under an...

§51-6-5. Receiver's Liability for Funds and Interest Thereon - He shall be liable for all moneys which may come...

§51-6-6. Receiver's Bond - Said general receiver shall receive or accept no money or...

§51-6-7. Receiver's Compensation - He shall receive as compensation for his services such percent...

§51-6-8. Accounts and Reports - He shall keep an accurate and itemized account of all...

§51-6-9. Failure to Keep Accounts or Make Statements - If he shall fail to keep the account, or to...

§51-6-10. Settlement of Accounts of General Receiver and Others Who Hold Money Subject to Order of Court; Examination of Bonds and Securities - Each circuit court, and every other court which has appointed...

§51-6-11. Examination of Reports; Recordation; New Bond or Additional Security; Effect - The court shall examine the reports required by the preceding...

§51-6-12. "Receivers' Book"; Recordation of Reports; Inspection - The clerk of each circuit court shall procure, at the...

§51-6-13. Charges of Clerks and Commissioners - For recording the reports required by section ten of this...

§51-6-14. Application of Unclaimed Funds in Hands of General Receiver of Circuit Court - Whenever it shall appear to any circuit court that any...

Article 7. Official Reporters

§51-7-1. Appointment; Oath; Attendance at Grand Jury Sessions - The circuit courts of the several judicial circuits in this...

§51-7-2. Duty to Take Shorthand Notes - It shall be the duty of such reporter to take...

§51-7-3. Compensation for Attending Court and Taking Notes - The official reporter shall receive, for his or her services...

§51-7-4. Transcript of Notes; Fees; Authenticity; Transcript for Judge in Criminal Cases - The reporter shall furnish, upon request, to any party to...

§51-7-5. Salary in Lieu of All Other Compensation - If neither of the methods of compensation provided for in...

§51-7-6. Reporter's Fee; How Taxed, Paid and Accounted For - The clerk of the court in which such reporter is...

§51-7-7. Transcripts to Be Furnished Indigent Persons Under Conviction Upon Timely Request; Payment Therefor - In any case wherein an indigent person has filed a...

§51-7-8. Transcripts to Be Furnished Indigent Persons in Juvenile Delinquency and Child Abuse and Neglect Proceedings Upon Timely Request; Payment Therefor - In any proceeding held pursuant to §49-4-601 through §49-4-725 of...

Article 8. State and County Law Libraries; Law Clerks

§51-8-1. West Virginia Law Library; Control and Management - The state law library now in the city of Charleston...

§51-8-2. Librarian; Bond; Assistants; Compensation - The Supreme Court of Appeals, or the judges thereof in...

§51-8-3. Rules and Regulations Governing Use of Library - The library shall be open under such rules and regulations...

§51-8-4. Control of Library by Court; Expenses - The Supreme Court of Appeals shall have the power and...

§51-8-5. Distribution of West Virginia Reports - The state law librarian shall have charge of and make...

§51-8-6. Exchange of Acts of the Legislature for Acts of the Legislatures of Other States; Distribution - The librarian shall arrange as far as possible with each...

§51-8-7. Accounts and Reports of Librarian - The librarian shall keep full and complete account of all...

§51-8-8. Authority to Establish County Law Libraries; Control of Circuit Judge; Rules - The Supreme Court of Appeals may establish county law libraries...

§51-8-9. Accounts and Reports Relating to County Law Libraries - The administrative director of the Supreme Court of Appeals, with...

§51-8-10. Law Clerks - Any circuit court heretofore authorized by special act of the...

Article 9. Retirement System for Judges of Courts of Record

§51-9-1. Establishment - There is hereby established a judges' retirement system for the...

§51-9-1a. Definitions - (a) Notwithstanding any other provision of this code to the...

§51-9-1b. Statement of Legislative Intent, Policy and Finding - The decision and opinion of the state Supreme Court of...

§51-9-2. Judges' Retirement Fund Created; Composition - As a part of the judges' retirement system, there is...

§51-9-3. Custody, Permissible Investment and Administration of Retirement System Trust Fund; State Auditor's Authority as Administrator and Trust Fund Fiduciary; Refunds Required, Including Interest; Federal Qualification Requirements - (a) The State Treasurer shall be the custodian of the...

§51-9-3a. Specification of Actuarial Assumptions - The board at its first meeting in each calendar year...

§51-9-4. Required Percentage Contributions From Salaries; Any Termination of Required Contributions Prior to Actual Retirement Disallowed; Leased Employees; Military Service Credit; Maximum Allowable and Qualified Military Service; Qualifiable Prosec... - (a) Every person who is now serving or shall hereafter...

§51-9-5. Election Not to Participate, Contribute, or Be a Member; Authorized Transfers of Service Credit by a Judge; Duplicate Use of Service Credit Prohibited - (a) Notwithstanding any provisions of this article, any judge may...

§51-9-6. Eligibility for and Payment of Benefits - (a) Except as otherwise provided in sections five, six-d, twelve...

§51-9-6a. Eligibility Benefits; Service and Retirement of Judges Over Sixty-Five Years of Age - Any judge of a court of record of this state...

§51-9-6b. Annuities for Surviving Spouses and Surviving Dependent Children of Judges; Automatic Escalation and Increase of Annuity Benefit; Proration Designation by Judge Permitted - (a) There shall be paid, from the fund created or...

§51-9-6c. Limitations on Benefit Increases - (a) The state shall not increase any existing benefits or...

§51-9-6d. Adjusted Annual Retirement Benefit Calculations - In calculating the annual retirement benefits under section six of...

§51-9-7. Ineligibility to Receive Pay or Benefits - A judge who retires under the provisions of any section...

§51-9-8. Retirement Upon Disability - (a) Whenever a judge of a court of record of...

§51-9-9. Determination of Eligibility for Benefits - Before any person is entitled to retirement benefits under the...

§51-9-10. Services of Senior Judges and Justices - (a) The Legislature finds that: (1) Section seven, article VIII...

§51-9-11. Monthly Payments - The retirement benefits and retirement pay, as herein provided, shall...

§51-9-12. Refunds - Any judge of a court of record of this state...

§51-9-12a. Federal Law Maximum Benefit Limitations - Notwithstanding any other provision of this article or state law,...

§51-9-12b. Federal Minimum Required Distributions - The requirements of this section apply to any distribution of...

§51-9-12c. Direct Rollovers - (a) Except where otherwise stated, this section applies to distributions...

§51-9-12d. Rollovers and Transfers to Purchase Service Credit or Repay Withdrawn Contributions - (a) This section applies to rollovers and transfers as specified...

§51-9-13. Disqualification for Pay and Benefits - No judge of a court of record of this state,...

§51-9-14. Moneys Exempt From Execution, etc.; Unassignable and Nontransferable; Exception for Certain Domestic Relations Orders - The moneys in the Judges' Retirement Fund, the right of...

§51-9-15. County Commissioners Excluded - Commissioners of county commissions, or of any tribunal established in...

§51-9-16. Severability of Article and Amendments Thereto - If any section, subsection, clause, phrase or requirement of this...

§51-9-17. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...

§51-9-18. Correction of Errors; Underpayments; Overpayments - (a) General rule. Upon learning of any errors, the board...

Article 10. Professional Bondsmen in Criminal Cases

§51-10-1. Definitions - When used in this article: (1) "Bonding business" means the...

§51-10-2. Business Impressed With Public Interest - The business of becoming surety for compensation upon bonds in...

§51-10-3. Procuring Business Through Official or Attorney for Consideration Prohibited - It shall be unlawful for any person engaged, either as...

§51-10-4. Attorneys Procuring Employment Through Official or Bondsman for Consideration Prohibited - It shall be unlawful for any attorney at law, either...

§51-10-5. Receiving Other Than Regular Fee for Bonding Prohibited; Bondsman Prohibited From Endeavoring to Secure Dismissal or Settlement - It shall be lawful to charge for executing any bond...

§51-10-5a. Bonding Fee and Collateral Security Required by Bail Bondsmen - (a) The bonding fee required by a bail bondsman shall...

§51-10-6. Posting Names of Authorized Bondsmen; List to Be Furnished Prisoners; Prisoner May Communicate With Bondsman; Record to Be Kept by Police - A typewritten or printed list alphabetically arranged of all persons...

§51-10-7. Bondsman Prohibited From Entering Place of Detention Unless Requested by Prisoner; Record of Visit to Be Kept - It shall be unlawful for any bondsman, agent, clerk, or...

§51-10-8. Qualifications of Bondsmen; Rules to Be Prescribed by Insurance Commissioner; Bondsman Filing Requirements; Bondsman License Renewal Requirements; Criminal Penalty for Filing False Affidavit; List of Bondsmen Kept and Provided to Places of... - (a) The commissioner shall promulgate and propose legislative rules for...

§51-10-9. Penalties - Any person violating any provisions of this article other than...

§51-10-10. Enforcement of Article - It shall be the duty of the judges of the...

Article 10A. Bail Bond Enforcers

§51-10A-1. Definitions - As used in this article: (a) "Bail bondsman" means any...

§51-10A-2. Registration of Bail Bond Enforcers and Authorization by Bail Bondsman Required; Fees - (a) No person may act in the capacity of a...

§51-10A-3. Effect of Authorization - A bail bond enforcer authorized or employed by a bail...

§51-10A-4. Prohibited Conduct - A bail bond enforcer may not: (a) Enter an occupied...

§51-10A-5. Unauthorized Acts; Penalties - (a) A person who willfully violates any provision of section...

§51-10A-6. Prohibition Against Providing Fiduciary Bonds in Estates; Exception - A bail bonding company or a bail bond enforcer may...

Article 11. The West Virginia Appellate Reorganization Act

§51-11-1. Short Title - This article is known and may be cited as the...

§51-11-2. Definitions - For the purpose of this article: "Circuit court" means a...

§51-11-3. West Virginia Intermediate Court of Appeals; Constitutional Authority; Court Created; Judges; Qualifications of Judges; Location; Clerk - (a) The Legislature finds that: (1) Section one, article VIII...

§51-11-4. Jurisdiction; Limitations - (a) The Intermediate Court of Appeals has no original jurisdiction....

§51-11-5. Motion for Direct Review by Supreme Court of Appeals - (a) Within 20 days after a petition for appeal is...

§51-11-6. Election of Judges; Initial Appointment and Election; Vacancies; Length and Conditions of Judicial Terms - (a) The three judges of the Intermediate Court of Appeals...

§51-11-7. Rules of Practice and Procedure; Fees; Deadlines - (a) Section three, article VIII of the Constitution of West...

§51-11-8. Administration of Court - (a) In accordance with section three, article VIII of the...

§51-11-9. Written Opinions; Precedential Effect - (a) The Intermediate Court of Appeals shall issue, as appropriate...

§51-11-10. Discretionary Review by Supreme Court of Appeals by Petition - (a) A party in interest may petition the Supreme Court...

§51-11-11. Judicial Compensation and Benefits; Expenses - (a) The annual salary of a Judge of the Intermediate...

§51-11-12. Attorney General as Counsel for State - The Attorney General shall appear as counsel for the state...

§51-11-13. Severability - The provisions of this article are severable. If any portion...

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West Virginia Code Chapter 51. Courts and Their Officers

West Virginia Code
Chapter 51. Courts and Their Officers