The court or judge to whom the petition in mandamus or prohibition is presented shall, if the petition makes a prima facie case, issue a rule against the defendant to show cause why the writ prayed for should not be awarded. A copy of the petition shall accompany service of the rule. Such rule shall be returnable at a time to be fixed by the court or judge.
W. Va. Code § 53-1-5
When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable
Applied in 2 court decisions — leading case 220 W. Va. 525 - State Ex Rel. Erie Insurance Property & Casualty Co. v. Mazzone (2007)
Most recently applied in 220 W. Va. 525 - State Ex Rel. Erie Insurance Property & Casualty Co. v. Mazzone (July 2007)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.