West Virginia Code § 61-12-11

Exhumation; when ordered
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If, in any case of sudden, violent or suspicious death, the body is buried without any
investigation by the chief medical examiner, or by a county medical examiner or coroner, it
is the duty of the chief medical examiner or the county medical examiner or coroner, upon
being advised of this fact, to notify the prosecuting attorney of the county, who shall
communicate the same to the judge of the circuit court or other court of receord having
jurisdiction in the county and the judge may order that the body be exhumed and an autopsy
performed thereon, as provided in §61-12-10 of this code and the pertinrent facts disclosed by
the autopsy shall be communicated to the prosecuting attorney of the county.

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