§3-7-5. Depositions; subpoenas; time; tie vote decision.
Either party may begin to take the depositions in such
contests for seats in the Legislature at any time after the
delivery of the original notice by the contestant. But reasonable
notice of every such deposition shall be given, and such notice
shall specify the names of the witnesses to be examined. The
depositions may be taken before a justice, notary, or any officer
authorized to take depositions in civil suits; and the officer
before whom they are taken shall certify and seal the same, and
endorse his name across the place where they are sealed, and
address and transmit the same, by mail or otherwise, to the clerk
of the body in which the seat is contested. When the contest is
referred to a committee, the clerk shall deliver the depositions to
such committee for examination and report. The parties shall finish
taking depositions five days at least before the second Wednesday
of January next following. Neither party shall have the benefit of
any deposition taken otherwise than as aforesaid, unless further
time be given by resolution of the proper branch of the
Subpoenas for witnesses shall be issued by the clerk of the
circuit court, or by a justice, upon application of either party;
and witnesses shall be entitled to the same allowances and
privileges, and be subject to the same penalties, as if summoned to
attend before the circuit court in civil suits.
If it be ascertained that an equal number of legal votes was given for the contestant and the person returned, the Senate or the
House of Delegates, as the case may be, in which the contest is
pending, shall declare which of them is elected.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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