West Virginia Code § 3-7-7

Circuit court to hear county, district, and municipal contests; procedure;
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(a) The circuit court with jurisdiction over the county or district where the election took
place shall hear and decide election contests initiated pursuant to §3-7-6 of this code.
(b) At the trial of the contest, the circuit court shall hear all legal and proper evidence that
may be brought before it by either party, and may, if considered necessary, require the
production of the poll books, certificates, and ballots deposited with the county clerk or
municipal recorder or clerk, and examine the same.
(c) A contestant has the burden of proof in an election contest.
(d) At the conclusion of the trial of the contest, the circuit court shall direct that a certified
copy of the order declaring the result of the contest shaall be delivered by the clerk of the
circuit court wherein the contest was held to the parties.
(e) An appeal of the decision of the circuit court shall be to the Supreme Court of Appeals.
(f) The Supreme Court of Appeals, exercising the rule-making power granted by §51-1-4 of
this code, may promulgate rules and regulations consistent with this article governing the
pleadings, practice, and procedure to be employed during county, district, and municipal
election contests in the courts of this state.

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