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WV Code § 53-6-3 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 6. Special Receivers|§53-6-3. Same -- Accounting

Any special receiver shall render an account of the funds or property of which he is receiver when ordered to do so by the court wherein the cause in which he is receiver is pending, or by the judge thereof in vacation. Such accounting shall be before such court or judge, or before any commissioner in chancery of such court directed by such court or judge to take and state such account, and shall constitute a part of the proceedings in such cause.
WV Code § 53-7-1 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-1. Order for Arrest -- Affidavit; Grounds for Arrest

An order for the arrest of a defendant in any action or proceeding at law or suit in equity may be made by the court in which the action, proceeding or suit is pending, or by the judge or clerk thereof in vacation, upon the affidavit of the plaintiff or any credible person showing to the satisfaction of the court, or judge or clerk thereof in vacation, the nature and justice of the plaintiff's claim, the amount which the affiant believes the plaintiff is justly entitled to recover in the action, proceeding or suit, and the existence of some one or more of the following grounds for the arrest of the defendant: (a) That the defendant has removed, or is about to remove, any of his property out of the state with intent to defraud his creditors; or (b) that he has converted or is about to convert his property or any part thereof into money or securities with like intent; or (c) that he has assigned, disposed of or removed his property or any part thereof, or is about to do so, with like intent; or (d) that he has property or rights in action which he fraudulently conceals; or (e) that he fraudulently contracted the debt or incurred the liability for which the action or suit is brought; or (f) that he is about to leave the state and reside permanently in another state or country, without paying the debt or liability for which the action or suit is brought.
WV Code § 53-7-2 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-2. Same -- by Whom Made; Plaintiff to Give Bond

When sufficient cause shall be shown for the arrest of a defendant as aforesaid such court, judge or clerk shall make an order directing the defendant to be arrested and held to bail for such sum as the said court, judge or clerk shall think fit, and the plaintiff shall thereupon deliver to the clerk of the court in which the action is pending a bond in a penalty double the amount sworn to, executed by himself or some person for him with one or more sufficient securities, approved by the clerk, to the effect that the plaintiff will pay the defendant all damages he may sustain by reason of the arrest, should it thereafter appear that the order was wrongfully obtained.
WV Code § 53-7-3 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-3. Same -- Issuance; Form

Upon the delivery of the bond mentioned in the preceding section, the clerk shall issue an order for the arrest of the defendant in form or in substance as follows:A........................................ B....................................., Plaintiff, vs.Order of arrest.C........................................ D....................................., Defendant,To the sheriff of the county of .......................: You are hereby required, in the name of the State of West Virginia, to arrest the defendant, C.................... D....................., and commit him to the jail of the said county of ............................, to be there safely kept, unless or until he shall give a bond, with good security, in the penalty of ........................... dollars, conditioned according to law, and that you return your proceedings under this order to the next term of the ............................ court (naming the court in which the action, proceeding or suit is pending) of said county.Witness E............................ F.........................., clerk of the said court, this ................ day of ........................E................................. F......................................, Clerk.
WV Code § 53-7-4 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-4. Arrest and Commitment Unless Bond Given by Defendant

Under such order, the defendant against whom it issues shall be arrested and committed to jail, unless bond be given in the sum specified therein, with sufficient security, conditioned that, in case there shall in the action, proceeding or suit be any judgment, decree or order on which a writ of fieri facias may issue, and within four months after such judgment, decree or order is rendered or made, interrogatories be filed under sections one, two and three, article five, chapter thirty-eight of this code, with a commissioner of the court wherein such judgment, decree or order is, the defendant will, at the time the commissioner issues a summons to answer such interrogatories, be in the county in which such commissioner resides, and will, within the time prescribed in such summons, file proper answers upon oath to such interrogatories, and make such conveyance and delivery as is required by the said article, or in case of failure to file such answer and make such conveyance and delivery, that the said defendant will perform and satisfy the said judgment, decree or order.
WV Code § 53-7-5 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-5. To Whom Bond of Defendant May Be Given; Return and Filing Thereof

The defendant arrested under such order may, at any time pending the case, give bond to the officer making the arrest. Such bond shall be taken by such officer and returned by him to the clerk of the court from which the order issued, and the same shall be filed in such clerk's office.
WV Code § 53-7-6 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-6. Discharge of Defendant or Bond

If the defendant give such bond, or be committed to jail for want of it, the court in which the case is pending, or the judge thereof in vacation, may, after reasonable notice to the plaintiff, or his attorney, quash the order and discharge the defendant from custody, or discharge the bond, on being satisfied that the order was wrongfully obtained; and, whether the order was so obtained or not, may discharge him from custody when the plaintiff is cast in the action, proceeding or suit.
WV Code § 53-7-7 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-7. Interrogatories to Defendant in Custody; Discharge of Defendant

While a defendant is in custody, the plaintiff, without having a judgment or decree against the defendant, may file interrogatories to him in like manner as might be done under sections one, two and three, article five, chapter thirty-eight of this code, if such judgment or decree had been obtained and a fieri facias thereon had been delivered to an officer. And the court wherein the case is pending, or a judge or a commissioner thereof, after reasonable notice to the plaintiff, or his attorney may discharge the defendant from custody, unless interrogatories be filed within such time as such court, judge or commissioner may deem reasonable; or, though interrogatories be filed, may discharge him when proper answers thereto are filed and proper conveyance and delivery made.
WV Code § 53-7-8 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 7. Arrests in Civil Cases|§53-7-8. Conveyance or Other Disposition of Property

The officer making the arrest shall be the officer to whom the conveyance shall be made: Provided, That if for any reason it cannot or should not be made to him it shall be made to such other officer as the court or judge may direct. The interrogatories, answers and report of the commissioner shall be returned to the court in which the case is pending and filed in the papers of such case. And such court may make such order as it may deem right as to the sale and proper application of the estate conveyed and delivered under the preceding section.
WV Code § 53-8-2 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-2. Confidentially of Proceedings

(a) General Provisions. -- All orders, findings, pleadings, recordings, exhibits, transcripts or other documents contained in a court file are confidential and are not available for public inspection: Provided, That unless the file is sealed pursuant to section seventeen of this article or access is otherwise prohibited by order, any document in the file shall be available for inspection and copying by the parties, attorneys of record, guardians ad litem, designees authorized by a party in writing and law enforcement. A magistrate or circuit judge may open and inspect the entire contents of the court file in any case pending before the magistrate's or judge's court. When sensitive information has been disclosed in a hearing, pleading or document filing, the court may order such information sealed in the court file. Sealed court files shall be opened only pursuant to section seventeen of this article.(b) (1) Proceedings are not open to the public. -- Hearings conducted pursuant to this article are closed to the general public except that persons whom the court determines have a legitimate interest in the proceedings may attend.(2) A person accompanying the petitioner may not be excluded from being present if his or her presence is desired by the person seeking a petition unless the person's behavior is disruptive to the proceeding.(c) Orders permitting examination or copying of file contents. –- Upon written motion, for good cause shown, the court may enter an order permitting a person who is not permitted access to a court file under subsection (a) to examine and/or copy documents in a file. Such orders shall set forth specific findings which demonstrate why the interests of justice necessitate the examination, copying, or both, and shall specify the particular documents to be examined and/or copied and the arrangements under which such examination, copying, or both, may take place.(d) Obtaining confidential records. -- Unless both the petitioner and the respondent waive confidentiality in writing, records contained in the court file may not be obtained by subpoena but only by court order and upon full compliance with statutory and case law requirements.
WV Code § 53-8-3 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-3. Who May File; Exclusivity; Applicability of Article

(a) Who may file a petition. -- A petition for relief under this article may be filed by:(1) A person seeking relief under this article for herself or himself; or(2) A parent, guardian or custodian on the behalf of a minor child or an incapacitated adult.(b) Other remedies generally not precluded. -- By proceeding under this article, a petitioner is not limited to or precluded from pursuing any other legal remedy.(c) Circumstances where article is inapplicable. -- This article does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code.(d) Right to file. –- No person may be refused the right to file a petition under the provisions of this article. No person may be denied relief under the provisions of this article if she or he presents facts sufficient under the provisions of this article for the relief sought.
WV Code § 53-8-4 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-4. Petition Seeking Relief

(a) Underlying acts. – A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent:(1) A sexual offense or attempted sexual offense as defined in section one of this article;(2) A violation of subsection (a), section nine-a, article two, chapter sixty-one of this code; or(3) repeated credible threats of bodily injury when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety.(b) Contents. –The petition shall:(1) Be verified and provide notice to the petitioner that an individual who knowingly provides false information in the petition is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in subsection (d) of this section;(2) Subject to the provisions of subsection (c) of this section, contain the address of the petitioner; and(3) Include all information known to the petitioner of:(A) The nature and extent of the act specified in subsection (a) of this section for which the relief is being sought, including information known to the petitioner concerning previous harm or injury resulting from an act specified in subsection (a) of this section by the respondent;(B) Each previous and pending action between the parties in any court; and(C) The whereabouts of the respondent.(c) Address may be stricken. – If, in a proceeding under this article, a petitioner alleges, and the court finds, that the disclosure of the address of the petitioner would risk further harm to the petitioner or a member of the petitioner's household, that address may be stricken from the petition and omitted from all other documents filed with, or transferred to, a court.(d) Providing false information. – An individual who knowingly provides false information in a petition filed under this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $1,000 or confined in jail not more than ninety days, or both.(e) Withdrawal or dismissal of a petition prior to adjudication operates as a dismissal without prejudice. – No action for a personal safety order may be dismissed because the respondent is being prosecuted for a crime against the petitioner. For any action commenced under this article, dismissal of a case or a finding of not guilty, does not require dismissal of the action for a civil protection order.(f) Venue. – The action may be heard in the county in which any underlying act occurred for which relief is sought in the petition, in the county in which the respondent is living, or in the county in which the petitioner is living, either temporarily or permanently.
WV Code § 53-8-6 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-6. Respondent's Opportunity to Be Heard; Notice to Respondent

(a) Respondent's opportunity to be heard. -- A respondent shall have an opportunity to be heard on the question of whether the magistrate should issue a final personal safety order subject to the provisions of this section.(b) Personal safety order hearing. -- Date and time; notice.(1) (A) The temporary personal safety order shall state the date and time of the final personal safety order hearing.(B) Unless continued for good cause, the final personal safety order hearing shall be held no later than ten days after the temporary personal safety order is served on the respondent.(2) The temporary personal safety order shall include notice to the respondent:(A) In at least ten-point bold type, that if the respondent fails to appear at the final personal safety order hearing, the respondent may be served by first-class mail at the respondent's last known address with the final personal safety order and all other notices concerning the final personal safety order;(B) Specifying all the possible forms of relief under subsection (d) of section seven, that the final personal safety order may contain;(C) That the final personal safety order shall be effective for the period stated in the order, not to exceed two years; and(D) In at least ten-point bold type, that the respondent must notify the court in writing of any change of address.
WV Code § 53-8-8 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-8. Modification and Rescission

(a) A personal safety order may be modified or rescinded during the term of the personal safety order after:(1) Giving notice to the petitioner and the respondent; and(2) A hearing.(b) Modification may include extending the term of the personal safety order if the order was previously issued for a term of less than the two-year maximum term set forth in section seven of this article.
WV Code § 53-8-9 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-9. Appeals

(a) If a magistrate grants or denies relief under a petition filed under this article, a respondent or a petitioner may appeal to the circuit court for the county where the magistrate court is located.(b) An appeal taken under this section shall be heard de novo in the circuit court.(c) (1) If an appeal is filed under this section, the magistrate court judgment shall remain in effect until superseded by a judgment of the circuit court; and(2) Unless the circuit court orders otherwise, modification or enforcement of the magistrate court order shall be by the magistrate court.
WV Code § 53-8-10 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-10. Statement Concerning Violations

A temporary personal safety order and final personal safety order issued under this article shall state that a violation of the order may result in:(1) Criminal prosecution; and(2) Incarceration, fine or both.
WV Code § 53-8-11 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-11. Penalties

(a) Fines or incarceration. -- An individual who fails to comply with the relief granted in a temporary personal safety order or a final personal safety order entered pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall:(1) For a first offense, be fined not more than $1,000 or confined in jail not more than ninety days, or both; and(2) For a second or subsequent offense, be fined not more than $2,500 or confined in jail not more than one year, or both.(b) Arrest. -- A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final personal safety order in effect at the time of the violation.
WV Code § 53-8-12 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-12. Priority of Petitions

Any petition filed in magistrate court under the provisions of this article shall be given priority over any other civil action before the court, except actions pursuant to article twenty-seven, chapter forty-eight of this code and those in which trial is in progress, and shall be docketed immediately upon filing.
WV Code § 53-8-13 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-13. Fees and Costs

(a) Charges for fees and costs postponed. -- No fees may be charged for the filing of petitions or other papers, service of petitions or orders, copies of orders or other costs for services provided by, or associated with, any proceedings under this article until the matter is brought before the court for final resolution.(b) Assessment of court costs and fees when temporary order is denied. -- If the petition is denied, court costs and fees shall be assessed by the magistrate against the petitioner at the conclusion of the temporary hearing, unless a fee waiver affidavit reflecting inability to pay has been filed or prohibited by federal law.(c) Costs and fees may not be assessed against a prevailing party.(d) Assessment of court costs and fees when personal safety order is granted. -- Except as in subsection (c), court costs and fees shall be assessed by the court at the conclusion of a proceeding, unless a fee waiver affidavit reflecting inability to pay has been filed.(e) Assessment of court costs and fees when petitioner moves to terminate order. -- No court costs or fees shall be assessed against a petitioner who moves to terminate an order, whether the court grants or denies the motion.(f) A person seeking waiver of fees, costs or security pursuant to section one, article two, chapter fifty-nine of this code shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An additional fee waiver affidavit shall be filed whenever the financial condition of the person no longer conforms to the financial condition established by the Supreme Court of Appeals for determining inability to pay fees or whenever an order has been entered directing the filing of a new affidavit.
WV Code § 53-8-14 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-14. Service by Law Enforcement

Notwithstanding any other provision of this code to the contrary, all law-enforcement officers are hereby authorized and required to serve all pleadings and orders filed or entered pursuant to this article on Sundays and legal holidays. No law-enforcement officer may refuse to serve any pleadings or orders entered pursuant to this article. Law enforcement shall attempt to serve all orders without delay: Provided, That service of process shall be attempted within seventy-two hours of law enforcement's receipt of the order. If service is not made, law enforcement shall continue to attempt service on the respondent until proper service is made.
WV Code § 53-8-15 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-15. Rules and Forms

(a) Authorized. -- The Supreme Court of Appeals may adopt rules and forms to implement the provisions of this article.(b) Petition form. --(1) The Supreme Court of Appeals is requested to adopt a form for a petition under this article.(2) A petition form shall contain notice to a petitioner that an individual who knowingly provides false information in a petition filed under this subtitle is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in section four of this article.
WV Code § 53-8-16 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 8. Personal Safety Orders|§53-8-16. Limitation on Use of Information

Nothing in this article authorizes the inclusion of information contained in petition, pleadings or orders provided for by this article to be submitted to any local, state, interstate, national or international systems of criminal identification pursuant to section twenty-four, article two, chapter fifteen of this code. Nothing in this section prohibits the West Virginia State Police from processing information through its criminal identification bureau with respect to any actual charge or conviction of a crime.
WV Code § 54-1-1 (2021)
2021 West Virginia Code|Chapter 54. Eminent Domain|Article 1. Right of Eminent Domain|§54-1-1. Bodies Which May Exercise Power of Eminent Domain

The United States of America, the State of West Virginia, and every corporate body politic heretofore or hereafter created by the Constitution or statutes of the state, and every corporation heretofore or hereafter organized under the laws of, or authorized to transact business in, the state, for any purpose of internal improvement for which private property may be taken or damaged for public use as authorized in section two of this article, shall have the right of eminent domain, and may exercise the same to the extent and in the manner provided in this chapter, and subject to the restrictions and limitations provided by law.