W. Va. R. Juve. Proc. 22

As amended through January 31, 2024
Rule 22 - Subpoenas
(a) For Attendance of Witnesses. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court, the name of the state as the petitioner and the first name and initial of the last name of the juvenile, and the juvenile case number, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. When a subpoena seeks the attendance and testimony of a witness who is a minor, the subpoena shall specifically name and be directed to a parent or custodian, directing such parent or custodian to bring the minor to give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and sealed, but otherwise blank, to the party requesting it, who shall fill in the blanks before it is served.
(b) Juveniles Unable to Pay. A subpoena may be issued for service on a named witness upon an ex parte application of a juvenile upon a satisfactory showing that the juvenile is financially unable to pay the subpoena costs and fees of the witness. The costs incurred by the subpoena process and the fees of the witness are paid as in the case of a witness subpoenaed in behalf of the state.
(c) For Production of Documentary Evidence and of Objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.
(d) Service. A subpoena may be served by the sheriff, by a deputy sheriff, or by any other credible person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to that person, if demanded, the fee for one day's attendance and the mileage allowed by law. Fees and mileage need not be tendered to the witness upon service of a subpoena issued in behalf of the state or an officer or agency thereof, or any subpoena issued under subparagraph (b) above.
(e) Place of Service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the state.
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena was issued or of the circuit court for the county.

W. Va. R. Juve. Proc. 22

Effective 1/1/2016.