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§ 53-1-5 — West Virginia Law | CourtGPT
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  4. Chapter 53 - Extraordinary Remedies/
  5. Article 1 - Prohibition and Mandamus§53-1-1. When Writ of Prohibition Lies As Matter of Right/
  6. § 53-1-5
West Virginia Legal Code

§ 53-1-5

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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.