§53-4A-6. Return; pleadings; amendments.
Within such time as may be specified in the writ or as the
court may fix, the state shall make its return. No other or
further pleadings shall be filed except as the court may order. At
any time prior to entry of judgment on the writ in accordance with
the provisions of this article, the court may permit the petitioner
to withdraw his petition. The court may make such orders as to
amendment of the petition or return or other pleading, as to
pleading over, or filing other or further pleadings, or extending
the time for the making of the return or the filing of other
pleadings, as shall seem to the court to be appropriate, meet and
reasonable. In considering the petition, the return or other
pleading, or any amendment thereof, substance and not form shall
Note: WV Code updated with legislation passed through the 2016 Regular Session
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