Rule 1 Purpose and Scope of Rules

If you were convicted of a crime and believe your conviction or sentence was unfair for legal reasons, you can file a special request called a habeas corpus petition. This set of rules explains how that process works in West Virginia courts.

These rules work alongside an existing state law that already covers this process. In some cases, these rules add more detail to that law. In other cases, these rules replace parts of that law with new procedures. Either way, the goal is to give clear steps for how these petitions should be handled.

Where you file your petition matters. If you file in a circuit court (the regular trial-level court), all of these rules apply to your case. If you file directly with the Supreme Court of Appeals, only one rule applies, which is Rule 2. This means the process looks a bit different depending on which court you use.