W. Va. Code » §53-1-5. When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable.
West Virginia Code

W. Va. Code § 53-1-5 (2026)

When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable

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

§53-1-5. When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable.

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.

Notes of Decisions
Cited in 5 cases, 1976–2007 · leading case: State Ex Rel. Underwood v. Silverstein, 278 S.E.2d 886 (W. Va. 1981).
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State Ex Rel. Underwood v. Silverstein, 278 S.E.2d 886 (W. Va. 1981). · cites it 3× “In 1933, W.Va.Code, 53-1-5, was amended to provide for the issuance of a rule to show cause.”
State Ex Rel. Erie Ins. Prop. & Cas. Co. v. Mazzone, 648 S.E.2d 31 (W. Va. 2007). · cites it 4× “The petition asserts that by again issuing the discovery order the lower court exceeded its legitimate powers and abused its discretion because the material ordered to be produced is opinion work product, which Erie contends should be treated as privileged material that Erie…”
State Ex Rel. Maloney v. McCartney, 223 S.E.2d 607 (W. Va. 1976). “In so doing we corrupted a process to the point where lawyers may be excused for wondering whether W.Va.Code, 53-1-5, as amended, still requires a showing of a clear and nondiscretionary legal duty on the part of an officer.”
State ex rel. Underwood v. Silverstein, 278 S.E.2d 886 (W. Va. 1981). · cites it 3× “In 1933, W. Va. Code, 53-1-5, was amended to provide for the issuance of a rule to show cause.”
State v. Gainer, 318 S.E.2d 456 (W. Va. 1984). · cites it 3× “West Virginia Code § 53-1-5 (1981 Replacement Vol.) provides that “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…”
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