WV · rules
W. Va. R. Civ. P. Mag. Ct. 11
Notice of trial and pretrial hearings
(a) Notice of trial. — When an answer is filed with the court denying or otherwise opposing the relief requested in the complaint, the court shall schedule a date and time for trial. Unless otherwise provided by statute or rule, all parties shall be notified by the court by first-class mail not less than 21 days before such date of trial. All such notices shall contain:
(1) The date, place and time of trial;
(2) The name of the magistrate scheduled to hear the case;
(3) A statement of the time periods in which pretrial motions must be filed, in accordance with Rule 12;
(4) A statement of the manner in which pretrial motions may be filed;
(5) A statement of the restrictions upon continuances as set forth in Rule 12; and
(6) A statement of the manner by which motions for disqualification may be filed as set forth in Rule 1B of the Administrative Rules for Magistrate Courts.
(b) Notice of pretrial hearing. — If an answer sets forth a defense of lack of jurisdiction, insufficiency of service or process, or failure to state a claim upon which relief can be granted, upon request by any party, the court shall schedule a pretrial hearing to determine whether the case should be dismissed upon such grounds prior to trial. Notice of such pretrial hearing shall be in accordance with the requirements for notice of trial as set forth in section (a).
History
(Amended by order entered July 1, 1991, effective August 1, 1991; by order entered June 30, 1994, effective July 1, 1994; and by order entered January 30, 1997, effective March 1, 1997.)
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
faa6e1d0a103d3c331b0f671e99367522d3c5a8ae768ca5afe2c81c9383a6e29
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.