WV · rules
W. Va. R. Civ. P. Mag. Ct. 6A
Election of jury trial
(a) Right to elect. — A party to a civil action in magistrate court has the right to elect that the matter be tried by a jury when the amount in controversy exceeds twenty dollars or involves possession to real estate. All parties to such cases shall be notified in writing of the right to election.
(b) Assertion of the right. — The election must be made in writing by the party asserting the right any time after the commencement of the action but not later than
(1) 20 days after the service of any first timely filed answer to the complaint, or
(2) 5 days after service of the summons and complaint in cases involving expedited proceedings such as actions for unlawful entry and detainer and wrongful occupation. When the right to a jury trial is asserted in a case involving an expedited proceeding, the trial shall be scheduled as soon as a jury panel can be assembled.
Failure to elect within the relevant time limit constitutes a waiver of the right to trial by jury.
History
(Adopted by order entered June 30, 1994, effective July 1, 1994.)
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d02f5e7d48f09b80e6f25519ffab4ded81097270544b6416bd0ba4ceb6a164e9
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