WV · rules
W. Va. R. Civ. P. Mag. Ct. 12
Pretrial motions
(a) Time periods. — Unless good cause is shown as to why such requirements should be excused, the following motions, if made, shall be made in writing and shall be filed with the court and served upon all parties not less than 10 days before the first date scheduled for trial:
(1) Removal to circuit court;
(2) Motion and affidavit for transfer to another magistrate;
(3) Motion for continuance; and
(4) Any other motion which, if granted, would require rescheduling of the hearing or trial.
The clerk, deputy clerk, or magistrate assistant shall provide appropriate forms on which such pretrial motions may be made.
All other pretrial motions may be made at any time in writing prior to trial, or may be made orally or in writing at time of trial.
The time periods set forth in this subsection shall not apply to summary proceedings for wrongful occupation of residential rental property or to proceedings for domestic violence protective orders.
(b) Continuance. — A motion for a continuance may be granted only upon:
(1) Compliance with the requirements set forth in section (a) of this rule;
(2) A showing of good cause; and
(3) A reasonable effort by the magistrate to notify all parties and provide them with an opportunity to respond to the motion.
History
(Amended by order entered December 15, 1988, effective January 1, 1989; 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
a2484e2a93b4761cb0be5dd7858fd12cf3fbf4f877626a89405d0258a74e4f53
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