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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - West Virginia Code Chapter 53. Extraordinary Remedies § 53-4A-8. Powers of judges or judge in vacation - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-53-extraordinary-remedies/wv-code-sect-53-4a-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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