West Virginia Code § 55-10-7

Application for judicial relief
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(a) Except as otherwise provided in section thirty of this article, an application for judicial
relief under this article must be made by motion to a West Virginia circuit court as specified
in section twenty-nine of this article and heard in accordance with the rules of civil
procedure governing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial
motion to the court under this article must be served in the manner provided by law for the
service of a summons in a civil action. Otherwise, notice of the motion must be given in the
manner provided by the rules of civil procedure for serving motiuons in pending cases.

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