When the defendant is incarcerated in jail and does not waive the right to appear, the deposition of a witness shall be noticed and held either at the jail or within the courthouse, or other arrangements shall be made to ensure that the defendant is present.
West Virginia > Circuit Court Proceedings > West Virginia Trial Court Rules > Rule 34.02. Incarcerated Defendants.
Rule 34.02. Incarcerated Defendants.
Last Modified on RuleDex:
Related Rules
- Rule 30. Depositions by oral examination. (a) When a deposition may be taken. (1) Without leave….
- Rule 32. Using depositions in court proceedings. (a) Using depositions. (1) In general. At a hearing or…
- Rule 15. Depositions. (a) When taken. – Whenever due to exceptional circumstances of…
- Rule 4. Summons. (a) Contents and amendments. (1) Contents. A summons shall: (A)…
- Rule 5. Initial appearance before the magistrate; bail. (a) In General. — An officer making an arrest under…
- Rule 26. Duty to disclose; general provisions governing discovery. (a) Required disclosures. (1) Initial disclosure. (A) In general. Except…
advertisement
advertisement
advertisement
advertisement
RuleFinder
- Circuit Court Proceedings
- Rules for Minor Guardianship Proceedings
- Rules Governing Post-Conviction Habeas Corpus Proceedings
- Rules of Practice and Procedure for Domestic Violence Civil Proceedings
- Rules of Practice and Procedure for Financial Exploitation Civil Proceedings
- Rules of Procedure for Child Abuse and Neglect Proceedings
- West Virginia Rules of Civil Procedure
- West Virginia Rules of Criminal Procedure
- West Virginia Rules of Evidence
- West Virginia Rules of Juvenile Procedure
- West Virginia Trial Court Rules
- 29.02. Business Court Division.
- Rule 1. Effect of Local Rules on General Practice; Definitions.
- Rule 1.01 Matters of Statewide Concern.
- Rule 1.02 Repeal of Local Rules.
- Rule 1.03 Authority to Enact Local Rules on Matters Which Are Strictly Local.
- Rule 1.04 Definitions.
- Rule 10.01. Filing of Papers.
- Rule 10.02. Removal of Papers and Files from Custody of Clerk.
- Rule 10.03. Limitation of Access to Court Files.
- Rule 10.04. Access to Court Files and Other Court Records under the Freedom of Information Act.
- Rule 11.01. Captions.
- Rule 11.02. Format.
- Rule 12.01. Applicability.
- Rule 12.02. Definitions.
- Rule 12.03. General Provisions.
- Rule 12.04. Filing and Service of Documents in Civil Actions by Facsimile Transmission.
- Rule 12.05. Facsimile Transmission of Domestic Violence Petitions and Protective Orders.
- Rule 12.06. Facsimile Transactions in Criminal Matters.
- Rule 13.01. Generally.
- Rule 14.01. General Provisions.
- Rule 14.02. Civil Proceedings in Circuit Courts.
- Rule 14.03. Criminal Proceedings in Circuit Courts.
- Rule 14.04. Proceedings in Magistrate Court.
- Rule 14.05. Mental Hygiene Proceedings.
- Rule 15.01. Application.
- Rule 15.02. General Provisions.
- Rule 15.03. Authorization and Signature.
- Rule 15.04. Filing and Service.
- Rule 15.05. Orders and Civil Docket.
- Rule 15.06. Waiver of E-filing and Service Requirements.
- Rule 15.07. Public Access.
- Rule 15.08. Case Management Order.
- Rule 15.09. Registration and Fees.
- Rule 15.10. Form of documents electronically filed.
- Rule 15.11. Time of electronic filing and service.
- Rule 15.12. Filing of sealed documents.
- Rule 15.13. System or participant errors.
- Rule 15.14. Obligation of participants to maintain proper delivery information.
- Rule 15A.01. Application.
- Rule 15A.02. Definitions.
- Rule 15A.03. Purpose.
- Rule 15A.04. Filing of Actions.
- Rule 15A.05. Integration with Other Rules.
- Rule 15A.06. Becoming a User; Credentials; Payment of Filing Fees.
- Rule 15A.07. User Responsibility to Maintain Accurate Information.
- Rule 15A.08. User Responsibility for Security.
- Rule 15A.09. User Responsibility for Compliance with Rules.
- Rule 15A.10 User of Credentials by Others.
- Rule 15A.11. Signatures.
- Rule 15A.12. Authenticity.
- Rule 15A.13. Preservation of Originals.
- Rule 15A.14. Form of Document.
- Rule 15A.15. Title and Description of Document.
- Rule 15A.16. E-Filing Receipts; Effect of E-Filing; Date and Time of E-Filing.
- Rule 15A.17. Complaint and Summons.
- Rule 15A.18. Electronic Service.
- Rule 15A.19. Certificates of Service.
- Rule 15A.20. Exceptions to Electronic Service.
- Rule 15A.21. Service to Parties who are not User of the E-Filing System.
- Rule 15A.22. Unavailability of E-Filing System.
- Rule 15A.23. Filing of Sealed Documents.
- Rule 15A.24. Private Information.
- Rule 15A.25. Entry of Order and Judgements; Notice thereof.
- Rule 15A.26. Public Access to Court Records.
- Rule 16.01. Purpose.
- Rule 16.02. Implementation.
- Rule 16.03. Definitions.
- Rule 16.04. Time Standards for Criminal Cases.
- Rule 16.05. Time Standards for Civil Cases.
- Rule 16.06. Domestic Relations Proceedings.
- Rule 16.08. Abuse and Neglect Proceedings.
- Rule 16.09. Mental Hygiene Proceedings.
- Rule 16.10. Guardianship and Conservatorship Proceedings.
- Rule 16.11. Petitions and Appeals.
- Rule 16.12. Extraordinary, Declaratory Judgment, and Equitable Proceedings.
- Rule 16.13. Duties of Court Officers.
- Rule 17.01. Motions for Disqualification.
- Rule 17.02. Voluntary Recusal by a Judge.
- Rule 17.03. Applicability.
- Rule 17.04. Time.
- Rule 17.05. Challenge to Disqualification Rulings.
- Rule 17.06. Unavailability under W.Va. Code § 51-2-1(a).
- Rule 17.07. Sanctions.
- Rule 18.01. Application Generally.
- Rule 18.02. Definitions.
- Rule 18.03. Access and Use.
- Rule 18.04. Production by Non-Parties.
- Rule 2.01. First Circuit.
- Rule 2.02. Second Circuit.
- Rule 2.03. Third Circuit.
- Rule 2.04. Fourth Circuit.
- Rule 2.05. Fifth Circuit.
- Rule 2.06. Sixth Circuit.
- Rule 2.07. Seventh Circuit.
- Rule 2.08. Eighth Circuit.
- Rule 2.09. Ninth Circuit.
- Rule 2.10. Tenth Circuit.
- Rule 2.11. Eleventh Circuit.
- Rule 2.12. Twelfth Circuit.
- Rule 2.13. Thirteenth Circuit.
- Rule 2.14. Fourteenth Circuit.
- Rule 2.15. Fifteenth Circuit.
- Rule 2.16. Sixteenth Circuit.
- Rule 2.17. Seventeenth Circuit.
- Rule 2.18. Eighteenth Circuit.
- Rule 2.19. Nineteenth Circuit.
- Rule 2.21. Twenty-First Circuit.
- Rule 2.22. Twenty-Second Circuit.
- Rule 2.23. Twenty-Third Circuit.
- Rule 2.24. Twenty-Fourth Circuit.
- Rule 2.25. Twenty-Fifth Circuit.
- Rule 2.26. Twenty-Sixth Circuit.
- Rule 2.27. Twenty-Seventh Circuit.
- Rule 2.28. Twenty-Eighth Circuit.
- Rule 2.29. Twenty-Ninth Circuit.
- Rule 2.30. Thirtieth Circuit.
- Rule 20.01 Generally.
- Rule 21.01. Application Generally.
- Rule 21.02. Appointments Generally.
- Rule 21.03. Duties Generally.
- Rule 21.04. Definitions.
- Rule 21.05. Eligibility for Payment of Guardian Ad Litem.
- Rule 21.06. Compensation for Guardians Ad Litem.
- Rule 22.01. Motions, Responses, and Supporting Memoranda.
- Rule 22.02. Motions to Dismiss.
- Rule 22.03. Hearings on Motions.
- Rule 22.04. Action on Motions.
- Rule 22.05. Effect of Failure to Appear at Oral Argument or Hearing.
- Rule 23.01. Non-Jury Matters.
- Rule 23.02. Cases to be Tried by a Jury : Proposed Jury Instructions; Proposed Verdict Form.
- Rule 23.03. Voir Dire.
- Rule 23.04. Opening Statements and Closing Arguments.
- Rule 23.05. Stipulations.
- Rule 25.01. Scope.
- Rule 25.02. Mediation Defined.
- Rule 25.03. Selection of Cases for Mediation.
- Rule 25.04. Listing of Mediators.
- Rule 25.05. Selection of Mediator.
- Rule 25.06. Compensation of Mediator.
- Rule 25.07. Mediator Disqualification.
- Rule 25.08. Provision of Preliminary Information to the Mediator.
- Rule 25.09. Time Frames for Conduct of Mediation.
- Rule 25.10. Appearances; Sanctions.
- Rule 25.11. Participation.
- Rule 25.12. Confidentiality of Mediation Process.
- Rule 25.13. Immunity.
- Rule 25.14. Enforceability of Settlement Agreement.
- Rule 25.15. Report of Mediator.
- Rule 25.16. Statistical Information.
- Rule 26.01. Mass Litigation – Preamble.
- Rule 26.02. Mass Litigation Panel.
- Rule 26.03. Application.
- Rule 26.04. Definitions.
- Rule 26.05. Panel Duties.
- Rule 26.06. Motion to Refer Actions as Mass Litigation.
- Rule 26.07. Assignment of Presiding Judge in Mass Litigation.
- Rule 26.08. Powers of Presiding Judge.
- Rule 26.09. Motion to Join in Existing Mass Litigation.
- Rule 26.10. Class Actions.
- Rule 26.11. Official Reporter.
- Rule 27.01. Motion and Appointment.
- Rule 27.02. Compensation of Experts.
- Rule 29.01. Business Court Division – Preamble.
- Rule 29.03. Application.
- Rule 29.04. Definitions.
- Rule 29.05. Division Duties.
- Rule 29.06. Motion to Refer Actions as Business Litigation.
- Rule 29.07. Assignment of Presiding and Resolution Judge in Business Litigation.
- Rule 29.08. Powers and Duties of Presiding and Resolution Judges.
- Rule 29.09. Scope; Conflicts.
- Rule 3.01. Generally.
- Rule 3.02. Opening Court.
- Rule 3.03. Court Security.
- Rule 30.01. Hearing on Motion for Reconsideration of Conditions of Release.
- Rule 30.02. Scheduling of Hearings.
- Rule 30.03. Effect of Having Been Released Previous to Indictment.
- Rule 31.01. Generally.
- Rule 32.01. Generally.
- Rule 32.02. Mandatory Discovery.
- Rule 32.03. Discovery Conference.
- Rule 32.04. Items Not Subject to Disclosure.
- Rule 32.05. Continuing Duty to Disclose.
- Rule 32.06. Regulation of Discovery.
- Rule 32.07. Statement of Witnesses.
- Rule 32.08. Exchange of Exhibit Lists.
- Rule 32.09. Additional Motions for Discovery.
- Rule 33.01. State’s Evidence.
- Rule 34.01. Authorization for Depositions.
- Rule 34.02. Incarcerated Defendants.
- Rule 35.01. Motion.
- Rule 35.02. Service of Motion.
- Rule 35.03. Ex Parte Motion.
- Rule 35.04. Judicial Determination of Whether to Proceed Ex Parte.
- Rule 35.05. Compensation of Experts.
- Rule 36.01. Motions, Responses, and Supporting Memoranda.
- Rule 36.02. Motions for an Extension of Time.
- Rule 36.03. Time for Filing Motions.
- Rule 36.04. Time for Filing Response and Replies.
- Rule 36.05. Limitation on Memoranda.
- Rule 37.01. Authority.
- Rule 37.02. Motion for Speedy Trial.
- Rule 38.01. Procedure for Obtaining Continuance.
- Rule 39. Guardians Ad Litem.
- Rule 39.01. Appointment.
- Rule 39.02. Duties.
- Rule 39.03. Compensation.
- Rule 4.01. Admission to Practice Before the Courts.
- Rule 4.02. Visiting Attorneys; Pro Hac Vice Admission.
- Rule 4.03. Representation of Parties and Pro Se Appearances; Withdrawal.
- Rule 4.04. Substitution of Counsel by Stipulation.
- Rule 4.05. Legal Assistance by Law Students.
- Rule 4.07. Attire for Court Appearances.
- Rule 4.08. Addressing the Court; Examination of Witnesses.
- Rule 4.09. Contact with Jurors.
- Rule 40.01. Authority.
- Rule 40.02. Purpose.
- Rule 40.03. Attendance and Participation at the Pretrial Conference.
- Rule 41.01. Notice of Change of Plea Hearing.
- Rule 42.04. Opening Statements and Closing Arguments.
- Rule 42.05. Stipulations.
- Rule 43.01. Investigation, Report, and Objections.
- Rule 43.02. Disclosure.
- Rule 44.01. Generally.
- Rule 5.01. Purpose.
- Rule 5.02. General Priorities.
- Rule 5.03. Additional Factors.
- Rule 5.04. Notice of Conflict.
- Rule 5.05. Resolution of Conflict.
- Rule 6.01. Form of Memoranda, Motions, and Other Papers.
- Rule 6.02. Citation Form.
- Rule 6.03. Copies of Memoranda.
- Rule 6.04. Copies of Cases and Statutes.
- Rule 7.01. Master List.
- Rule 7.02. Jury Wheel or Jury Box.
- Rule 7.03. Jury Panels and Pools.
- Rule 7.04. Magistrate Court Juries.
- Rule 8.01. Permission of the Court Required.
- Rule 8.02. Procedure to Obtain Permission.
- Rule 8.03. Termination of Coverage.
- Rule 8.04. Scope of Coverage.
- Rule 8.05. Nonjudicial Meetings.
- Rule 8.06. Equipment and Personnel.
- Rule 8.07. Location of Equipment.
- Rule 8.08. Pooling Arrangements.
- Rule 8.09. Admissibility in Evidence.
- Rule 8.10. Prior Approval to Identify or Show Jurors.
- Rule 9.01. Generally.
- Magistrate Court Proceedings
- Need a West Virginia Lawyer?
- Rules Governing Lawyers and Judges
- Supreme Court and Intermediate Court Proceedings
- West Virginia Family Court Proceedings
advertisement
advertisement
advertisement
advertisement