WV · rules
W. Va. R. Habeas Corpus 5
Answers; Contents
Within such time as may be specified by the court, the State shall file an answer which shall respond to the allegations of the petition. The answer may be consolidated with other pleadings, such as a motion under Rule 12(b)(6) or Rule 56 of the West Virginia Rules of Civil Procedure. The answer shall indicate what transcripts (of pretrial, trial, sentencing, and post-conviction proceedings) are available, when they can be furnished and what proceedings have been recorded and not transcribed. There shall be attached to the answer such portions of the transcripts as the answering party deems relevant. The court, on its own motion or upon request of the petitioner, may order that further portions of the existing transcripts be transcribed and furnished. If a transcript is neither available nor procurable, a properly verified narrative summary of the evidence may be submitted.
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b47f24dfe3f535632eb7ec35d3647b74012b78234bb13923875902f49fcbf5cd
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