Rule 34.  Bail.

Summary petitions for bail shall be filed in accordance with the provisions of West Virginia Code § 62-1C-1. The petitioner shall file the petition with the Clerk and shall serve a copy of the petition upon the prosecuting attorney in accordance with the provisions of Rule 37. The petition shall follow the format of a petitioner’s brief under Rule 10.  The prosecuting attorney shall file a response within fourteen days of the filing of the petition with the Clerk. The response shall follow the format of a respondent’s brief, or summary response, under Rule 10. No reply brief is permitted, unless provided by order.  Upon receipt of the response, the Supreme Court may grant the petition or deny the petition.  If granted, the Supreme Court may direct the circuit court to set bail. Under West Virginia § 51-11-4, the Intermediate Court has no jurisdiction to consider bail petitions.