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WV Code § 52-1-14 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-14. When and How Jurors Are to Be Summoned From a County to Serve in Another County

(a) In any criminal case or any civil case referred to the Mass Litigation Panel, in any court, if qualified jurors, not exempt from serving, cannot be conveniently found in the county in which the trial is to be held, the judge of the court shall enter an order directing as many jurors as necessary be summoned from any other county or counties: Provided, That for those cases referred to the Mass Litigation Panel, jurors may only be summoned from any contiguous county.(b) The court order shall include the following:(1) The date on which the jurors are required to attend;(2) The county or counties from which the jurors shall be drawn; and(3) The number of jurors to be drawn.(c) The judge issuing the order shall direct his or her circuit clerk to forward a certified copy of the order to the circuit clerk in the county or counties from which the jurors are to be drawn.(d) The circuit clerk of the court conducting the drawing shall do so in the manner provided by law for the drawing of petit jurors. The circuit clerk shall draw a separate jury pool specifically designated for the purpose of complying with the court order. The proceedings for drawing the jurors and the names of the jurors drawn shall be certified by the clerk of the circuit court of the county or counties designated to conduct the drawing and a copy of the certification shall be forwarded to the clerk of the circuit court in the county where the trial is to be held. After forwarding a copy of the certification, the clerk of the circuit court of the county or counties from which the jurors were drawn shall summon the jurors to appear for jury service in the county where the trial is to be held pursuant to the provisions of section nine of this article.(e) Jurors summoned from a county to serve in another county shall be reimbursed expenses and compensated by the county for which the juror actually served.
WV Code § 52-1-15 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-15. Challenging Compliance With Selection Procedures

(a) Within seven days after the moving party discovers, or by the exercise of due diligence could have discovered, the grounds therefor, and in any event before the petit jury is sworn to try the case, a party may move to stay the proceedings, quash the indictment or move for other relief as may be appropriate under the circumstances or the nature of the case. The motion shall set forth the facts which support the party's contention that there has been a substantial failure to comply with this article in selecting the jury.(b) Upon motion filed under subsection (a) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this article, the moving party is entitled to present, in support of the motion, the testimony of the clerk, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. The clerk may identify the lists utilized in compiling the master list, but may not be required to divulge the contents of such lists. If the court determines that in selecting a jury there has been a substantial failure to comply with this article, the court shall stay the proceedings pending the selection of the jury in conformity with this article, quash an indictment or grant such other relief as the court may deem appropriate.(c) In the absence of fraud, the procedures prescribed by this section are the exclusive means by which a person accused of a crime, the state or a party in a civil case, may challenge a jury on the ground that the jury was not selected in conformity with this article.
WV Code § 52-1-16 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-16. Preservation of Records

All records and papers compiled and maintained by the clerk in connection with selection and service of jurors from the master list, the jury box or the jury wheel shall be preserved by the clerk for at least four years after such jurors were selected, or for any longer period ordered by the court.The clerk shall make an annual report no later than March 1 of each year to the Supreme Court of Appeals setting forth the following information: Whether the clerk employed a jury box or jury wheel for the year reported, and the age, race and gender of each person for whom a juror qualification form has been received. The Supreme Court of Appeals shall provide this information to the President of the Senate and the Speaker of the House of Delegates on an annual basis, no later than April 1 of each year.
WV Code § 52-1-18 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-18. When Juror Not Entitled to Reimbursement

No juror who departs without leave of the court or who, being summoned as a witness for the state, charges for attendance as such, may be entitled to receive any reimbursement for services as a juror.
WV Code § 52-1-19 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-19. Record of Allowance to Jurors

The clerk of any court upon which juries are in attendance shall make an entry upon its record stating separately the amount which each juror is entitled to receive out of the State Treasury for services or attendance during the term. Any clerk who fails to pay over, as required by law, any moneys so received by the clerk or otherwise to comply with the provisions of this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $300.
WV Code § 52-1-20 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-20. Payment of Reimbursement

The method of payment of jurors shall be determined by the chief judge and approved by the State Tax Commissioner. It is the duty of the clerk, as soon as practicable after the adjournment of the court or before the adjournment of the court at such time as the chief judge may direct, to deliver to the sheriff of the county a certified accounting of the amount to which each juror is entitled. If any sheriff fails to pay any allowance as required by law, the sheriff may be proceeded against as for a contempt of court.Any allowance paid by the sheriff under the provisions of this section shall be repaid to the sheriff out of the State Treasury upon the production of satisfactory proof that the same has actually been paid by the sheriff. Proof of payment shall be in the form of a complete itemized statement indicating the total amount eligible for reimbursement.
WV Code § 52-1-21 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-21. Excuse From Employment

Upon receiving a summons to report for jury duty an employee shall, the next day the employee is engaged in employment, exhibit the summons to the employee's immediate superior and the employee shall thereupon be excused from employment for the day or days required in serving as a juror in any court created by the Constitutions of the United States or of the State of West Virginia or the laws of the United States or the State of West Virginia.
WV Code § 52-1-22 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-22. Fraud in Selection of Jurors; Penalties

If any person is guilty of any fraud by tampering with the jury wheel or jury box prior to drawing jurors or any other way in the drawing of jurors, such person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned in the penitentiary for not less than one nor more than five years, or both fined and imprisoned.
WV Code § 52-1-23 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-23. Length of Service by Jurors

In any two-year period a person may not be required:(1) To serve or attend court for prospective service as a juror more than thirty court days, except if necessary to complete service in a particular case;(2) To serve on more than one grand jury;(3) To serve as both a grand and petit juror; or(4) To serve as a petit juror at more than one term of court.
WV Code § 52-1-24 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-24. Penalties for Failure to Perform Jury Service

A person summoned for jury service who fails to appear or to complete jury service as directed shall be ordered by the court to appear forthwith and show cause for failure to comply with the summons. If the person fails to show good cause for noncompliance with the summons, the person is guilty of civil contempt and, shall be fined not more than $1,000.
WV Code § 52-1-25 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-25. Present Methods of Jury Selection to Remain in Effect Until Preparation of Master List

The present method of jury selection utilized by a county shall remain in full force until a master list of potential jurors has been prepared by the jury commission under this article.
WV Code § 52-1-26 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 1. Petit Juries|§52-1-26. Provisions Apply to Selection Jurors for Magistrate Juries

All provisions of this article shall apply with equal force and effect to the selection of jurors for magistrate juries as well as for petit juries.
WV Code § 52-2-1 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-1. At What Terms Grand Jury Shall Attend; When Court or Judge May Dispense With It

There shall be a grand jury at each term of a circuit court, except that the circuit court of any county by an order entered of record, or the judge thereof in vacation by written order to the clerk at least twenty days before the term, may dispense with the grand jury for one or two of the terms required by law to be held in such county annually, and the circuit court of any county in which there may be a criminal court whose jurisdiction includes the trial of felony cases, by an order entered of record, may dispense with the grand jury for all the terms of such circuit court required by law to be held in such county annually; and in such case no grand jury shall be drawn by the court or by the judge in vacation. Any circuit court may, at a special, regular or adjourned term thereof, whenever it shall be proper to do so, order a grand jury to be drawn and to attend such term. A grand jury summoned to attend a special, regular or adjourned term may consider any offense against the laws, whether the same shall have been committed before the next preceding term of the court or not, and whether the accused shall have been held for trial or not prior to the next preceding regular term.
WV Code § 52-2-2 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-2. Provisions Governing Petit Juries Govern Grand Juries

The provisions of article one of this chapter relating to petit juries, so far as applicable and not inconsistent with the provisions of this article, shall be observed and govern grand juries.
WV Code § 52-2-3 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-3. Selection and Summoning of Jurors

The clerk of any circuit court requiring a grand jury shall, at least thirty days before the term of court, draw and assign persons for the grand jury, but the court, or judge thereof, may require the clerk at any specified time to draw and assign grand jurors for either a regular, special or adjourned term of court. When required by the circuit court or the chief judge thereof, the clerk shall draw the names of sixteen persons from the jury wheel or jury box, and the persons so drawn shall constitute the grand jury. At the same time, the clerk shall draw the names of such additional numbers of persons from the jury wheel or jury box as the chief judge of the circuit, or the judge in a single judge circuit shall by prior order direct, and the persons so drawn shall constitute alternate jurors for the grand jury. The judge may replace any absent members of the grand jury from among the alternate grand jurors, in the order in which the alternate jurors were drawn. The clerk shall enter the names of all persons so drawn in a book kept for that purpose and shall issue summonses to the persons so drawn in the same manner as that provided for petit jurors in subsection (b), section seven, article one of this chapter.
WV Code § 52-2-4 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-4. Quorum

Of the sixteen grand jurors chosen from the grand jurors and alternate grand jurors summoned, fifteen or more of the grand jurors attending shall be a competent grand jury.
WV Code § 52-2-5 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-5. Oath

From among the persons so summoned, who attend, the court shall select a foreman, who shall be sworn as follows: "You shall diligently inquire and true presentment make of all such matters as may be given you in charge or come to your knowledge touching the present service. You shall present no person through malice, hatred or ill will, nor leave any unpresented through fear, favor, partiality or affection, but in all your presentments you shall present the truth, the whole truth and nothing but the truth. So help you God." The other grand jurors shall afterwards be sworn as follows: "The same oath that your foreman has taken on his part, you and each of you shall observe and keep on your part. So help you God."
WV Code § 52-2-6 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-6. Charge

The grand jurors, after being sworn, shall be charged by the judge, and shall then be sent to their room.
WV Code § 52-2-7 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-7. Duties; Preservation of Evidence

The grand jury shall inquire of and present all felonies, misdemeanors and violations of penal laws, committed in the jurisdiction of the court wherein they are sworn, except that no presentment shall be made of a matter for which there is no imprisonment, but only a fine, where the fine is limited to an amount not exceeding $10 and the offense is cognizable by a justice of the peace. They shall appoint one of their number as clerk, who shall write down the name of each witness examined by them, and the substance of the evidence given by him and furnish the same to the prosecuting attorney.
WV Code § 52-2-8 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-8. Finding or Making of Indictment or Presentment

At least twelve of the grand jurors must concur in finding or making an indictment or presentment. They may make a presentment or find an indictment upon the information of two or more of their own body, and when a presentment or indictment is so made, or on the testimony of witnesses called on by the grand jury, or sent to it by the court, the names of the grand jurors giving the information, or of the witnesses, shall be written at the foot of the presentment or indictment.
WV Code § 52-2-9 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-9. Second Hearing

Although a bill of indictment be returned not a true bill, another bill of indictment against the same person for the same offense may be sent to and acted on by the same or another grand jury.
WV Code § 52-2-10 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-10. Substituting New Juror to Fill Vacancy; Summoning Additional Juror

If the foreman or any grand juror be unable or fail to attend after being sworn, another may be sworn in his stead. And when one grand juror has been discharged, another may, by order of the court, be summoned to attend at the same term.
WV Code § 52-2-11 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-11. Materials Subpoenaed by Grand Jury; Authorizing Custodian Possession and Use Thereof

(a) For purposes of this section:(1) “Prosecuting attorney” means a prosecuting attorney, assistant prosecuting attorney or duly appointed special prosecuting attorney.(2) “Investigator” means an investigator employed by a prosecuting attorney’s office or an employee of a state agency authorized by the provisions of this code to perform criminal investigations. For purposes of this definition, state agency shall include a legislative committee, commission or entity authorized by the provisions of this code to perform criminal investigations.(3) “Law-enforcement officer” shall have the same meaning as is set forth in section one, article twenty-nine, chapter thirty of this code: Provided, That for purposes of this section, “law-enforcement officer” shall also include those individuals meeting the definition of “chief executive” set forth in section one, article twenty-nine, chapter thirty of this code. (4) “Subpoenaed material” means books, records, documents, papers, computers, laptops, computer hard drives, electronic records, including, but not limited to, emails, electronic files, electronic documents, metadata or any other thing in any form in which it may exist. (b) Notwithstanding any provision of this code to the contrary, material subpoenaed and received by a prosecuting attorney pursuant to a grand jury subpoena may thereafter, in the discretion of the prosecuting attorney, be delivered to a designated law-enforcement officer or investigator. Upon receipt from the prosecuting attorney, the designated law-enforcement officer or investigator may keep, review and analyze the subpoenaed materials and otherwise use the subpoenaed materials for investigative purposes.(c) Prior to providing subpoenaed material to a designated law-enforcement officer or investigator, as authorized by subsection (b) of this section, the prosecuting attorney shall prepare and have the designated law-enforcement officer or investigator execute a nondisclosure statement acknowledging the existence and content of the subpoenaed material is secret under Rule 6(e) of the West Virginia Rules of Criminal Procedure. The prosecuting attorney shall file all nondisclosure statements, under seal, with the clerk of the circuit court. The existence or contents of any subpoenaed material subject to the provisions of this section may only be disclosed to another law-enforcement officer or investigator for investigative purposes with the prior written authorization of the prosecuting attorney and the receiving law-enforcement officer’s or investigator’s execution of a nondisclosure statement. (d) The designated law-enforcement officer or investigator, as authorized by subsection (b) of this section, may, in the discretion of the prosecuting attorney, retain the subpoenaed material or other evidence in his or her possession, care, custody or control until the termination of the investigation or presentation of the subpoenaed matter to the grand jury.
WV Code § 52-2-12 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-12. Incompetency or Disqualification of Juror Not to Affect Validity of Finding

No presentment or indictment shall be quashed or abated on account of the incompetency or disqualification of any one or more of the grand jurors who found the same.
WV Code § 52-2-13 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-13. Compensation and Mileage of Grand Jurors

A grand juror shall be paid mileage, at the rate set by the commissioner of finance and administration for state employees, for travel expenses incurred in traveling from the grand juror's residence to the place of the holding of the grand jury and return, and shall be reimbursed for other expenses incurred as a result of required attendance at sessions of the grand jury at a rate of between $15 and $40, set at the discretion of the circuit court or the chief judge thereof, for each day of required attendance.
WV Code § 52-2-14 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-14. Grand Jury Authorized to Sit for as Long as One Year and in Addition to Any Other Grand Jury; Provisions of Article Applicable With Certain Exception

Whenever it appears to the judge of any court of record having criminal jurisdiction that there may be possible offenses against the criminal laws of this state which because of their complexity and involvement may require a grand jury to sit for an extended period of time, he may, pursuant to the provisions of this section, order a grand jury to be drawn and to attend any special, regular or adjourned term of such court in addition to any other grand jury attending any such term of court and all of the provisions of this article shall apply, except as follows:(1) Such grand jury shall sit for one year unless an order for its discharge be earlier entered upon a determination by such grand jury, by majority vote, that its business has been completed, and such grand jury shall have the power to make presentments or find indictments at any time while it is sitting, notwithstanding the end of the term of court during which it was drawn and summoned;(2) The term limitation specified in the last sentence of section ten of this article shall not apply to a grand jury attending pursuant to the provisions of this section fourteen; and(3) Notwithstanding the first two sentences of section thirteen of this article, every person who shall serve upon a grand jury attending pursuant to the provisions of this section fourteen shall be entitled to receive for such services not less than $8 nor more than $20, to be fixed by the court, for each day he may so serve, for a total period not in excess of one year, and in addition thereto the same mileage as allowed to witnesses, to be paid out of the county treasury.
WV Code § 52-2-15 (2021)
2021 West Virginia Code|Chapter 52. Juries|Article 2. Grand Juries|§52-2-15. Secrecy of Grand Jury Proceedings

(a) A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, an attorney for the state, or any person to whom disclosure is made under paragraph (B), subdivision (1), subsection(c) of this section, shall not disclose matters occurring before the grand jury, except as otherwise provided by subsection (c) of this section, and rules promulgated by the Supreme Court of Appeals.(b) A person who knowingly violates subsection (a)of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or confined in jail not more than thirty days, or both fined and confined.(c) (1) Disclosure otherwise prohibited by this section of matters occurring before the grand jury, other than its deliberations and the vote of any grand juror, may be made to:(A) An attorney for the state for use in the performance of such attorney's duty; and(B) Such official personnel as are deemed necessary by an attorney for the state to assist an attorney for the state in the performance of such attorney's duty to enforce criminal law.(2) Disclosure otherwise prohibited by this section of matters occurring before the grand jury may also be made:(A) when so directed by a court preliminarily to or in connection with a judicial proceeding;(B) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury;(C) when the disclosure is made by an attorney for the state to another grand jury; or(D) when permitted by a court at the request of an attorney for the state, upon a showing that such matters may disclose a violation of federal criminal law or of the law of another state, to an appropriate official of the federal government or of such other state for the purposes of enforcing such law.