Rule 42.04 - Opening Statements and Closing Arguments(a)Opening Statements. At the commencement of trial in a criminal action, the State and the defendant may make non-argumentative opening statements as to their theories of the case and the manner in which they expect to offer their evidence. If the trial is to a jury, unless the court directs otherwise the opening statements shall be made immediately after the jury is impaneled. If the trial is to the court, the opening statements shall be made immediately after the case is called for trial. The court, on request by the defendant, may defer the opening statement for a defendant until the time for commencing presentation of that defendant's direct evidence. Opening statements shall be subject to time limitations imposed by the court. If the action involves more than one defendant, the court after conferring with the parties to the action, shall determine the order and time of the opening statements. (b) Closing Arguments. Counsel may refer to the instructions to juries in their argument, but may not argue against the correctness of any instruction. The court in its discretion may reread one or more of the instructions. Counsel may not comment upon any evidence ruled out, nor misquote the evidence, nor make statements of fact dehors the record, nor contend before the jury for any theory of the case that has been overruled. Counsel shall not be interrupted in argument by opposing counsel, except as may be necessary to bring to the court's attention objection to any statement to the jury made by opposing counsel and to obtain a ruling on such objection. No portion of a lawbook shall be read to the jury by counsel. The time of argument in any case may be determined and regulated by the court, but the convenience of counsel will be consulted. No more than two attorneys on each side shall argue the case, without leave of the court.
W.Va. Trial. Ct. R. 42.04