Rule 4. Venue

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West Virginia Court Rules › West Virginia Rules of Juvenile Procedure › W. Va. R. Juv. P. 4

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a)

The petition shall be filed in the county in which the alleged offense occurred. Upon notice and motion of a party, and for good cause shown, the court may order the petition removed to another county.

(b)

"Good cause" shall include a showing on the record that removal is in the best interest of the juvenile and the least restrictive alternative available to the court which ensures the safety of the juvenile; and that the removal to the more appropriate forum will result in the efficient administration of justice, including recognition of the seriousness of the crime, consideration of victim's rights, and availability of witnesses. "Good cause" may include a showing on the record that the juvenile, or the juvenile's parents or legal guardians, are absent from the court's jurisdiction, but can be found in another county within the state; or that there are one or more pending petitions regarding the juvenile in another county.

(c)

Any procedure to remove a petition to another county shall not be initiated prior to the appointment of counsel to represent the juvenile.

(d)

If the court is informed during the course of a juvenile proceeding that a juvenile proceeding involving the juvenile is pending in another county, the court shall stay the proceedings and communicate with the court in which the other proceeding is pending so that the issues in both petitions may be litigated in the most appropriate sequence and manner, whether in one or both forums.

(e)

Objections regarding improper venue must be raised prior to the adjudicatory hearing or they are deemed to be waived.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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