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WV Code § 53-4-7 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-7. Judgment

The court or judge before whom the petitioner is brought, after hearing the matter both upon the return and any other evidence, shall either discharge or remand him or admit him to bail, as may be proper, and adjudge the costs of the proceedings, including the charge for transporting the prisoner, to be paid as shall seem to be right.
WV Code § 53-4-8 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-8. Facts Proved May Be Made Part of Record

All the material facts proved shall, when it is required by either party, be made a part of the proceedings, which, when they are had in vacation, shall be signed by the judge and certified to the clerk of the court in which the judgment is rendered, and be entered by him among the records of that court.
WV Code § 53-4-9 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-9. Powers of Judge in Vacation

The judge issuing any such writ in vacation, or the judge before whom it is tried, shall have the same power to enforce obedience to the writ, to compel the attendance of witnesses, or to punish contempt of his authority, as a court has; and his judgment on the trial of the writ, when entered of record as aforesaid, shall be considered and be enforced as if it were a judgment of the court among whose records it is entered.
WV Code § 53-4-10 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-10. Judgment Conclusive; Exception

Any such judgment entered of record shall be conclusive, unless the same be reversed, except that the petitioner shall not be precluded from bringing the same matter in question in an action for false imprisonment.
WV Code § 53-4-11 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-11. Revision of Judgment by Supreme Court of Appeals

If, during the recess of the Supreme Court of Appeals, the Governor or the president of the said court should think the immediate revision of any such judgment to be proper, he may summon the court for that purpose to meet on any day to be fixed by him
WV Code § 53-4-12 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-12. Disposition of Prisoner and Proceedings Pending Writ of Error

When the prisoner is remanded, the execution of the judgment shall not be suspended by the writ of error, or suspended for the purpose of applying for one; but where he is ordered to be discharged, and the execution of the judgment to be suspended for the purpose of applying for a writ of error, the court or judge making such suspending order may, in its or his discretion, admit the prisoner to bail until the expiration of the time allowed for applying for the writ of error, or, in case the writ of error be allowed, until the decision of the Supreme Court of Appeals thereon is duly certified.
WV Code § 53-4-13 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4. Habeas Corpus|§53-4-13. Writs of Habeas Corpus Ad Testificandum

Writs of habeas corpus ad testificandum may be granted by any circuit court, or any court of record of limited jurisdiction other than a county court, or any judge thereof in vacation, in the same manner and under the same conditions and provisions as are prescribed by this article as to granting the writ of habeas corpus ad subjiciendum, as far as the same are applicable.
WV Code § 53-4A-2 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-2. Petition; Contents Thereof; Supreme Court May Prescribe Form of Petition, Verification and Writ; Duties of Clerk

A petition seeking a writ of habeas corpus ad subjiciendum in accordance with the provisions of this article shall identify the proceedings in which the petitioner was convicted and sentenced, give the date of the entry of the judgment and sentence complained of, specifically set forth the contention or contentions and grounds in fact or law in support thereof upon which the petition is based, and clearly state the relief desired. Affidavits, exhibits, records or other documentary evidence supporting the allegations of the petition shall be attached to the petition unless there is a recital therein as to why they are not attached. All facts within the personal knowledge of the petitioner shall be set forth separately from other allegations, and such facts and the authenticity of all affidavits, exhibits, records or other documentary evidence attached to the petition must be sworn to affirmatively as true and correct. The petition must also identify any previous proceeding or proceedings on a petition or petitions filed under the provisions of this article, or any other previous proceeding or proceedings which the petitioner instituted to secure relief from his conviction or sentence and must set forth the type or types of such previous proceeding or proceedings, the contention or contentions there advanced, the grounds in fact or law assigned therein for the relief there sought, the date thereof, the forum in which instituted and the result thereof. Argument, citations and discussion of authorities shall be omitted from the petition, but may be filed as a separate document or documents. The Supreme Court of Appeals may by rule prescribe the form of the petition, verification and the writ itself. The clerk of the court in which the petition is filed shall docket the petition upon its receipt, and shall bring the petition and any affidavits, exhibits, records and other documentary evidence attached thereto to the attention of the court.
WV Code § 53-4A-5 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-5. Service of Writ

Any writ granted in accordance with the provisions of this article shall be served upon the person to whom it is directed, or, in his absence from the place where the petitioner is incarcerated, upon the person having the immediate custody of the petitioner.
WV Code § 53-4A-6 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-6. Return; Pleadings; Amendments

Within such time as may be specified in the writ or as the court may fix, the state shall make its return. No other or further pleadings shall be filed except as the court may order. At any time prior to entry of judgment on the writ in accordance with the provisions of this article, the court may permit the petitioner to withdraw his petition. The court may make such orders as to amendment of the petition or return or other pleading, as to pleading over, or filing other or further pleadings, or extending the time for the making of the return or the filing of other pleadings, as shall seem to the court to be appropriate, meet and reasonable. In considering the petition, the return or other pleading, or any amendment thereof, substance and not form shall control.
WV Code § 53-4A-8 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-8. Powers of Judges or Judge in Vacation

A writ may be granted or refused in accordance with the provisions of this article by any three concurring judges of the Supreme Court of Appeals, or a judge of any circuit court or any statutory court, in vacation as well as by any such court in term, and any such writ may be made returnable, consistent with the provisions of subsection (b) of section three of this article, to the Supreme Court of Appeals in term, or to a judge of a circuit court or any statutory court in vacation as well as to such court in term. Although a writ granted in accordance with the provisions of this article is returnable to a circuit court in term or a statutory court in term, the contention or contentions and grounds (in fact or law) advanced, and any incidental matters related thereto, may be heard and/or determined or passed upon by a judge of the court in vacation. Any judge of the Supreme Court of Appeals (where at least three judges of such court concur therein), or of a circuit court or a statutory court, in vacation shall have the same power to enforce obedience to the writ, to compel the attendance of witnesses, or to punish contempt of their or his authority, as a court has; and the judgment of a judge of a circuit court or a statutory court in vacation when entered of record shall be considered and be enforced as if it were a judgment of the court among whose records it is entered.
WV Code § 53-4A-9 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-9. Judicial Review; Disposition of Petitioner Pending Appeal

(a) A final judgment entered under the provisions of this article by a statutory court may be appealed by the petitioner or the state to the circuit court of the county upon application for an appeal or writ of error in the manner and within the time provided in article four, chapter fifty-eight of this code, as amended. A final judgment entered under the provisions of this article by a circuit court or a final judgment entered by the circuit court after an appeal or writ of error was granted by such circuit court with respect to the judgment of a statutory court entered under the provisions of this article, as well as an order by a circuit court rejecting an appeal from or writ of error to the judgment of a statutory court entered under the provisions of this article, may be appealed by the petitioner or the state to the Supreme Court of Appeals upon application for an appeal or writ of error in the manner and within the time provided by law for civil appeals generally. When an application for an appeal or writ of error is rejected by the circuit court (and the order of rejection is not appealed to the Supreme Court of Appeals), or the Supreme Court of Appeals, as the case may be, or both, the order sought to be reviewed shall thereby become final to the same extent and with like effect as if said order had been affirmed on appeal.(b) When the petitioner is remanded, execution of the judgment entered under the provisions of this article shall not be suspended by the granting of an appeal or writ of error, or suspended while the petitioner is applying for an appeal or writ of error. When the petitioner is ordered to be discharged, and execution of the judgment entered under the provisions of this article is ordered suspended to permit the state to apply for an appeal or writ of error, the court making such suspending order may, in its discretion, admit the petitioner to bail until expiration of the time allowed for making application for an appeal or writ of error, or, in case the appeal or writ of error is allowed, until the decision of the appellate court thereon is duly certified.
WV Code § 53-4A-10 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-10. Construction; Repeal

All other pertinent provisions of this code shall be construed so as to conform to and be consistent with the provisions of this article. In the event that there are pertinent provisions in this code so inconsistent with the provisions of this article as to preclude such construction, such other provisions shall be considered as having been repealed to the extent of such inconsistency by the enactment of this article. The provisions of this article shall be liberally construed so as to effectuate its purposes.
WV Code § 53-4A-11 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 4A. Post-Conviction Habeas Corpus|§53-4A-11. Severability

If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby declared to be severable. The Legislature does hereby further declare that it would have enacted this article even if it had known at the time of enactment that such provision or application thereof would be held to be invalid.
WV Code § 53-5-1 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-1. Injunction for Protection of Property

An injunction may be awarded to enjoin the sale of property set apart as exempt in the case of a husband or parent, under articles eight and nine, chapter thirty-eight of this code, or to protect any plaintiff in a suit for specific property, pending either at law or in equity, against injury from the sale, removal, or concealment of such property.
WV Code § 53-5-2 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-2. Forthcoming Bond May Be Required Where Removal of Property From State Enjoined

A court or judge awarding an injunction to restrain the removal of property out of the state may require bond to be given before such officer and in such penalty as it may direct, conditioned to have the property forthcoming to abide the future order or decree of the court, and, unless such bond be given, may order the officer serving its process to take possession of the property and keep it until the bond be given, or until the further order of the court.
WV Code § 53-5-3 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-3. In What Courts Bill Brought

Jurisdiction of a bill for an injunction to any judgment, act or proceeding shall, unless it be otherwise specially provided, be in the circuit court of the county in which the judgment is rendered, or the act or proceeding is to be done, or is doing, or is apprehended, and the same may be granted to a judgment of a justice in like manner and with like effect as to other judgments.
WV Code § 53-5-4 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-4. General Jurisdiction of Judge to Award Injunction

Every judge of a circuit court shall have general jurisdiction in awarding injunctions, whether the judgment or proceeding enjoined be in or out of his circuit, or the party against whose proceeding the injunction be asked reside in or out of the same.
WV Code § 53-5-5 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-5. Injunction by Judge of Supreme Court of Appeals

When a circuit court, or a judge thereof, shall refuse to award an injunction, a copy of the orders entered in the proceedings in court, and the original papers presented to the court or to the judge in vacation with his order of refusal, may be presented to the Supreme Court of Appeals, or a judge thereof in vacation, who may thereupon award the injunction.
WV Code § 53-5-6 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-6. Injunction by Circuit Court or Judge Where Award Thereof Refused by Court of Limited Jurisdiction

When a court of limited jurisdiction authorized to grant injunctions, or a judge thereof, shall refuse to award an injunction, a copy of the orders entered in the proceedings in court, and the original papers presented to the court or to the judge in vacation, with his order of refusal, may be presented to the circuit court of the county in which such court of limited jurisdiction is, or to the judge of such circuit court in vacation, who may thereupon award the injunction.
WV Code § 53-5-7 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-7. To What Clerk Order for Injunction Directed

Every order awarding an injunction by a court or judge other than the court or judge in which or before whom it is to be heard shall be directed to the clerk of the court in which it is to be heard.
WV Code § 53-5-8 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-8. Equity of Plaintiff to Be Shown by Affidavit or Otherwise; Notice to Adverse Party; Hearing After Injunction Awarded or Denied; Certification of Questions; Appeals

No injunction shall be awarded in vacation nor in court, in a case not ready for hearing, unless the court or judge be satisfied by affidavit or otherwise of the plaintiff's equity; and any court or judge may require that reasonable notice shall be given to the adverse party, or his attorney at law, or in fact, of the time and place of moving for it, before the injunction is awarded, if in the opinion of the court or judge it be proper that such notice should be given.After an injunction is awarded or denied in any such case, at any time prior to final adjudication, any party to the proceedings, after reasonable notice to all other parties of record, which notice shall not in any case exceed five days, may move for a hearing on any particular issues or phases of the case which may properly be heard interlocutorily. Such hearing may, in the discretion of the court or judge, be had at the time the motion is made but shall be commenced within the ten days next thereafter, unless by consent of all parties appearing the hearing is continued until a later date. At any such hearing, in term time or in vacation, any party to the proceedings may be present in person or by counsel and may present such witnesses, cross-examine witnesses and offer such testimony and evidence as may be pertinent to the issues then before the court or judge, as the case may be. The court or judge, upon such hearing and the record in the case, shall render a decision without delay, and may continue or dismiss the injunction or may enlarge or modify the same, as may be warranted.Questions may be certified and appeals may be taken in injunction proceedings as in any other cases in equity.
WV Code § 53-5-9 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-9. Injunction Bond

An injunction (except in the case of any personal representative, or other person from whom, in the opinion of the court or judge awarding the same, it may be improper to require bond) shall not take effect until bond be given in such penalty as the court or judge awarding it may direct, with condition to pay the judgment or decree (proceedings on which are enjoined) and all such costs as may be awarded against the party obtaining the injunction, and also such damages as shall be incurred or sustained by the person enjoined, in case the injunction be dissolved, and with a further condition, if a forthcoming bond has been given under such judgment or decree, to indemnify and save harmless the sureties in such forthcoming bond and their representatives against all loss or damages in consequence of such suretyship; or, if the injunction be not to proceedings on a judgment or decree, with such condition as such court or judge may prescribe. The bond shall be given before the clerk of the court in which such judgment or decree is, and in other cases before the clerk of the court in which the suit is wherein the injunction is awarded. If the bond be not given before the summons is issued, the clerk shall indorse thereon that the injunction is not to take effect until the bond is given, and the clerk who afterwards takes the bond shall indorse on the summons that it is given.
WV Code § 53-5-10 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-10. How Surety in Forthcoming Bond May Obtain Additional Security

Any surety in such forthcoming bond, or his personal representative, may move for and obtain an order for other or additional security, in like manner as a defendant in the injunction may do.
WV Code § 53-5-11 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-11. Dissolution of Injunction in Vacation

The judge of any court in which a case is pending wherein an injunction is awarded may, in vacation, dissolve such injunction, after reasonable notice to the adverse party. His order for dissolution shall be directed to the clerk of such court, who shall record the same in the order book.
WV Code § 53-5-12 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-12. Damages on Dissolution; Liability of Sureties on Forthcoming Bond

When an injunction to stay proceedings on a judgment or decree for money is dissolved, wholly or in part, there shall be decreed to the party having such judgment or decree damages, in lieu of interest, at the rate of ten percent per annum, from the time the injunction took effect until such dissolution thereof, on the amount of principal, interest, and costs due on the judgment or decree, proceedings on which are enjoined, and, if a forthcoming bond has been taken in the case, the amount on which such damages shall be paid shall be the sum due on such bond. And in all cases the court or judge dissolving the injunction shall ascertain and enter in the decree of dissolution the amount of principal, interest, damages and costs, including officer's fees and commissions due on the judgment or decree, at the date of the dissolution of the injunction, and shall award execution therefor against the defendant in the judgment or decree, proceedings on which were enjoined, or their personal representatives, with interest thereon from that day till paid, and the costs incurred by the defendant in the injunction in defending the same. And if a forthcoming bond has been given in the case, and the same has been or shall be forfeited, the sureties therein shall be liable for the costs incurred by the defendant in the injunction, as aforesaid, and, to the extent of their liability on such forthcoming bond, for whatever sum remains unpaid on the execution so awarded.
WV Code § 53-5-13 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 5. Injunctions|§53-5-13. Dismissal of Bill for Injunction

Where an injunction is wholly dissolved, the bill shall be dismissed with costs, unless sufficient cause be shown against such dismission.
WV Code § 53-6-1 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 6. Special Receivers|§53-6-1. Special Receiver -- Appointment Generally; Bond; Notice of Application for Appointment

A court of equity may, in any proper case pending therein, in which funds or property of a corporation, firm or person is involved, and there is danger of the loss or misappropriation of the same or a material part thereof, appoint a special receiver of such funds or property, or of the rents, issues and profits thereof, or both, who shall give bond with good security to be approved by the court, or by the clerk thereof, for the faithful performance of his trust, and for paying over and accounting for, according to law, all such moneys that may come into his hands by virtue of his appointment. But no such receiver shall be appointed of any real estate, or of the rents, issues and profits thereof, until reasonable notice of the application therefor has been given to the owner or tenant thereof. A judge of such court in vacation may appoint such receiver of any such property, except real estate, and the rents, issues and profits thereof.
WV Code § 53-6-2 (2021)
2021 West Virginia Code|Chapter 53. Extraordinary Remedies|Article 6. Special Receivers|§53-6-2. Same -- Appointment by Order of Supreme Court of Appeals or Judge Thereof in Vacation

When a circuit court, or judge thereof, shall refuse the appointment of a receiver as aforesaid, a copy of the orders entered in the proceedings in court, and the original papers presented to it, or the judge in vacation, with the order of refusal, may be presented to the Supreme Court of Appeals, or a judge thereof in vacation, who may thereupon order the appointment to be made, and cause such order to be certified to the clerk of such circuit court, who shall record the same in his chancery order book, whereupon it shall be the duty of such circuit court or judge to appoint such receiver, and require the bond as hereinbefore provided.