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West Virginia Rules of Criminal Procedure – 2026

The Rules of Criminal Procedure for the circuit courts of West Virginia. Coverage runs from scope and preliminary proceedings, through the grand jury, indictment and information, arraignment and pleas, discovery, trial and judgment, to post-conviction motions, appeals and general provisions. Each rule carries its effective and amendment dates.

Browse all 69 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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Section I: Scope, Purpose and Construction Section II: Preliminary Proceedings Section III: Indictment and Information Section IV: Arraignment and Preparation for Trial Section V: Venue Section VI: Trial Section VII: Judgement Section VIII: Appeal Section IX: Supplementary and Special Proceedings Section X: General Provisions

Section I: Scope, Purpose and Construction

Rule 1 Scope Rule 2 Purpose and constructions

Section II: Preliminary Proceedings

Rule 3 The complaint Rule 4 Arrest warrant or summons upon complaint Rule 5 Initial appearance before the magistrate; bail Rule 5.1 Preliminary examination

Section III: Indictment and Information

Rule 6 The grand jury Rule 7 The indictment and the information Rule 8 Permissive and mandatory joinder of offenses and of defendants Rule 9 Warrant or summons upon indictment or information

Section IV: Arraignment and Preparation for Trial

Rule 10 Arraignment Rule 11 Pleas Rule 12 Pleadings and motions before trial; defenses and objections Rule 12.1 Notice of Alibi Rule 12.2 Notice of insanity defense or expert testimony of defendant's mental condition Rule 13 Trial together of indictments or information Rule 14 Relief from prejudical joinder Rule 15 Depositions Rule 16 Discovery and inspection Rule 17 Subpoena Rule 17.1 Pretrial conference

Section V: Venue

Rule 18 Place of prosecution and trial Rule 19 Transfer Within the County Rule 20 [Reserved] Rule 21 Transfer from the County of indictment for trial Rule 22 Time of motion to transfer

Section VI: Trial

Rule 23 Trial by jury or by the court Rule 24 Trial jurors Rule 25 Judge; disability Rule 26 Taking of testimony Rule 26.1 Determination of foreign law Rule 26.2 Production of statements of witnesses Rule 26.3 Mistrial Rule 27 Proof of official record Rule 28 Expert witnesses and interpreters Rule 29 Motion for judgement of acquittal Rule 29.1 Closing argument Rule 30 Instructions to jury; objections Rule 31 Verdict

Section VII: Judgement

Rule 32 Sentence and judgement Rule 32.1 Revocation or modification of probation Rule 33 New trial Rule 34 Arrest of judgment Rule 35 Correction or reduction of sentence Rule 36 Clerical mistakes

Section VIII: Appeal

Rule 37 Taking appeal Rule 38 Stay of execution and relief pending review Rule 39 Reserved

Section IX: Supplementary and Special Proceedings

Rule 40 Offense arising in another county Rule 41 Search and seizure Rule 42 Criminal contempt

Section X: General Provisions

Rule 43 Presence of the defendant Rule 44 Right to and assignment of counsel Rule 45 Time Rule 46 Release from custody Rule 47 Motions Rule 48 Dismissal Rule 49 Service and filing of papers Rule 50 Calendars Rule 51 Exceptions unnecessary Rule 52 Harmless error and plain error Rule 53 Regulation of conduct in the courtroom Rule 54 Application and exception Rule 55 Records Rule 56 Courts and clerks Rule 57 Rules of court Rule 58 Forms Rule 59 Effective date Rule 60 Title