Upon the delivery of the bond mentioned in the preceding section, the clerk shall issue an order for the arrest of the defendant in form or in substance as follows:

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Terms Used In West Virginia Code 53-7-3

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

A…………………………………. B………………………………., Plaintiff,

 vs.Order of arrest.

C…………………………………. D………………………………., Defendant,

To the sheriff of the county of …………………..: You are hereby required, in the name of the State of West Virginia, to arrest the defendant, C……………….. D…………………, and commit him to the jail of the said county of ………………………., to be there safely kept, unless or until he shall give a bond, with good security, in the penalty of ……………………… dollars, conditioned according to law, and that you return your proceedings under this order to the next term of the ………………………. court (naming the court in which the action, proceeding or suit is pending) of said county.

Witness E………………………. F…………………….., clerk of the said court, this ……………. day of ……………………

E…………………………… F……………………………….., Clerk.