A magistrate may continue the holding of a trial or hearing as provided in the supervisory rules of the Supreme Court of Appeals. In criminal proceedings when the defendant is in custody, the state shall not have the right to a continuance but may be granted a continuance for no more than five days if good cause is shown. In criminal proceedings when the defendant is in custody, the magistrate may continue the matter no more than once on his own motion over the objection of the defendant and such continuance over the objection of the defendant shall not be for more than two days.
Structure West Virginia Code
Article 5. Trials, Hearings and Appeals
§50-5-1. General Rules of Procedure
§50-5-3. Appointment of Guardian Ad Litem
§50-5-5. Privileged Communications; Persons Incompetent to Testify
§50-5-6. Evidentiary Depositions
§50-5-7. Right to Trial in Criminal Cases
§50-5-8. Trial by Jury; Trial to the Court
§50-5-10. Setting Aside Judgment
§50-5-12. Appeals in Civil Cases
§50-5-13. Appeals in Criminal Cases
§50-5-14. Pleas in Certain Cases