West Virginia Code 53-1-5 – When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable
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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.
Terms Used In West Virginia Code 53-1-5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.