W. Va. R. Gov. Post-Conv. Hab. Co. Proc. 1

As amended through January 31, 2024

Rule 1 - Purpose and Scope of Rules

These rules have been adopted to provide the procedure for post-conviction habeas corpus proceedings as they are set forth in West Virginia Code § 53-4A-1 et seq. These rules supplement, and in designated instances supersede, the statutory procedures set forth in § 53-4A-1 et seq. of the West Virginia Code. For petitions filed in any circuit court in the State, all of the rules apply. For petitions filed in the Supreme Court of Appeals, only Rule 2 applies.