W. Va. Code » §53-1-2. Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued.
West Virginia Code

W. Va. Code § 53-1-2 (2026)

Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 1. PROHIBITION AND MANDAMUS.

§53-1-2. Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued.

Jurisdiction of writs of mandamus and prohibition (except cases whereof cognizance has been taken by the Supreme Court of Appeals or a judge thereof in vacation), shall be in the circuit court of the county in which the record or proceeding is to which the writ relates. A rule to show cause as hereinafter provided for may be issued by a judge of a circuit court or of the Supreme Court of Appeals in vacation. A writ peremptory may be awarded by a circuit court or a judge thereof in vacation, or by the Supreme Court of Appeals in term.

Notes of Decisions
Cited in 18 cases, 1986–2020 · leading case: State Ex Rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005).
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State Ex Rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). · cites it 30× “The Commissioner contends that W. Va.Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates…”
State ex rel. McLaughlin v. West Virginia Court of Claims, 549 S.E.2d 286 (W. Va. 2001). · cites it 2× “Vol.2000), which denies jurisdiction to the Court of Claims "[w]ith respect to which a proceeding may be maintained against the State, by or on behalf of the claimant in the courts of the State.”
McComas v. Bd. of Educ. of Fayette Cnty., 475 S.E.2d 280 (W. Va. 1996). “DISCUSSION W.Va.Code, 53-1-2 (1933), and Section 6 of Article VIII of the West Virginia Constitution vest the circuit courts of this state the power to issue writs of mandamus.”
Williams v. West Virginia Div. of Motor Vehs., 703 S.E.2d 533 (W. Va. 2010). · cites it 4× “” Based upon such reasoning, syllabus point twelve of Reed concluded as follows: When an individual brings a mandamus action seeking to compel the West Virginia Division of Motor Vehicles to perform a statutory duty which relates to the Division’s maintenance of records, and…”
State Ex Rel. Sowards v. Cnty. Comm'n, 474 S.E.2d 919 (W. Va. 1996). “Standard far Granting a Writ of Mandamus W.Va.Code, 53-1-2 (1983), and Section 3 of Article VIII of the West Virginia Constitution vest this Court with original jurisdiction to issue writs of mandamus.”
State Ex Rel. Miller v. Reed, 510 S.E.2d 507 (W. Va. 1998). “10 West Virginia Code § 53-1-2 (1994) provides that “jurisdiction of writs of mandamus and prohibition .”
State Ex Rel. Potter v. Off. of Disciplinary Couns., 697 S.E.2d 37 (W. Va. 2010). “Standard of Review This Court’s original jurisdiction in mandamus proceedings derives from Art.”
State Ex Rel. Meadows v. Hechler, 462 S.E.2d 586 (W. Va. 1995). “Original jurisdiction is asserted under West Virginia Code § 53-1-2 (1994) and pursuant to Article III, Section 3 of the state constitution.”
SER Joe E. Miller v. Mark A. Karl, Judge, etc., 743 S.E.2d 876 (W. Va. 2013). “Code, 51-1-3 [1923]; W.Va.Code, 53-1-2 [1933]. In considering whether to grant relief in prohibition, this Court stated in the syllabus point of Vineyard v.”
State Ex Rel. H.K. Porter Co. v. White, 386 S.E.2d 25 (W. Va. 1989). “" West Virginia Code § 53-1-2 (1981) provides: Jurisdiction of writs of mandamus and prohibition (except cases where of cognizance has been taken by the supreme court of appeals or a judge thereof in vacation), shall be in the circuit court of the county in which the record or…”
State ex rel. League of Women Voters of West Virginia v. Tomblin, 550 S.E.2d 355 (W. Va. 2001). · cites it 2× “See also W.Va.Code § 53-1-2 to-8 (1933) (Repl.Vol.”
State ex rel. West Virginia Parkways Auth. v. Barr, 716 S.E.2d 689 (W. Va. 2011). “Code § 53-1-2 (1933).” State ex rel. Potter v.”
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W. Va. Code § 53-1-2(1933): 1 case
State Ex Rel. Stump v. Johnson, 619 S.E.2d 246 (W. Va. 2005). “The Commissioner contends that W. Va.Code § 53-1-2 (1933) and W. Va.Code § 14-2-2 (1976) make Kanawha County, not Nicholas County, the proper venue for Bishop's action in that (1) the Commissioner's records of Bishop's driver's license to which his circuit court action relates…”
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