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Article 1. Courts and Officers
§50-1-1. Magistrate Court Created - There is hereby created in each county of this state...
§50-1-2. Number of Magistrates - (a) The number of magistrates to be elected in each...
§50-1-2a. Addition of Magistrate in Berkeley County - (a) The Legislature hereby finds that, according to the statistics...
§50-1-3. Salaries of Magistrates - Notwithstanding any provisions of this code to the contrary, beginning...
§50-1-4. Qualifications of Magistrates; Training; Oath; Continuing Education; Time Devoted to Public Duties - Each magistrate shall be at least twenty-one years of age,...
§50-1-5. Removal From Office; Disciplinary Procedures - A magistrate may be removed from office in the manner...
§50-1-6. Vacancy in Office of Magistrate - Subject to the provisions of section one, article ten, chapter...
§50-1-6a. Temporary Appointment of Retired Magistrates - (a) The West Virginia Supreme Court of Appeals is authorized...
§50-1-7. Chief Magistrates; Administrative Responsibility; Additional Duties - The judge of the circuit court, or the chief judge...
§50-1-8. Magistrate Court Clerks; Salaries; Duties; Duties of Circuit Clerk - (a) In each county having three or more magistrates the...
§50-1-9. Magistrate Assistants; Salary; Duties - (a) In each county there shall be one magistrate assistant...
§50-1-9a. Magistrate Court Deputy Clerks; Duties; Salary - (a) Whenever required by workload and upon the recommendation of...
§50-1-9b. Appointment of Senior Magistrate Court Clerks - The West Virginia Supreme Court of Appeals is authorized to...
§50-1-10. Clerks, Deputy Clerks and Magistrate Assistants to Take Oath and Post Bond - Each magistrate court clerk, magistrate court deputy clerk, and magistrate...
§50-1-11. Offices for Magistrates; Location; Expenses; Copy of State Code - Subject to the rules of the Supreme Court of Appeals,...
§50-1-12. Conduct of Office; Penalty - Magistrates shall be subject to and shall abide by the...
§50-1-13. Temporary Service Within or Outside of County - (a) The Chief Justice of the Supreme Court of Appeals...
§50-1-14. Duties of Sheriff; Service of Process; Bailiff - (a) It shall be the duty of each sheriff to...
§50-1-15. Transitional Provisions - Except as the same may be otherwise amended by act...
§50-1-16. Supervisory Rules - The Supreme Court of Appeals is hereby authorized to promulgate...
§50-1-17. Reference to Justice of the Peace; Abolition of the Office of Constable - On and after January 1, 1977, the phrase "justice of...
Article 2. Jurisdiction and Authority
§50-2-1. Civil Jurisdiction - Except as limited herein and in addition to jurisdiction granted...
§50-2-2. Venue; Change of Venue - (a) The provisions of article one, chapter fifty-six of this...
§50-2-3. Criminal Jurisdiction; Limitations on Bail - In addition to jurisdiction granted elsewhere to magistrate courts, magistrate...
§50-2-3a. Sentencing; Probation - (a) In addition to sentencing authority granted in other provisions...
Article 3. Costs, Fines and Records
§50-3-1. Costs in Civil Actions - The following costs shall be charged in magistrate courts in...
§50-3-1a. Costs Assessed Against Losing Party - Except as otherwise provided by law, costs shall be assessed...
§50-3-2. Costs in Criminal Proceedings - (a) In each criminal case before a magistrate court in...
§50-3-2a. Payment by Electronic Payments, Credit Card Payments, Cash, Money Orders, or Certified Checks; Payment Plan; Failure to Pay Fines Results in a Late Fee and Judgment Lien - (a) A magistrate court may accept electronic payments, credit cards,...
§50-3-2b. Additional Costs in Certain Criminal Proceedings - In each criminal case before a magistrate court in which...
§50-3-2c. Withholding From Personal Income Tax Refunds for Unpaid Fines and Costs in Magistrate Criminal Actions, in Magistrate Criminal Appeals to Circuit Court and for Failure to Appear in Court - (a) If costs, fines, fees, forfeitures, restitution or penalties imposed...
§50-3-3. Disposition of Fines, Forfeitures and Penalties - All fines, forfeitures and penalties collected in magistrate courts in...
§50-3-4. Disposition of Costs; Magistrate Court Fund - (a) All costs collected in magistrate courts in a civil...
§50-3-4a. Disposition of Criminal Costs and Civil Filing Fees Into State Treasury Account for Regional Jail and Prison Development Fund - (a) The clerk of each magistrate court shall, at the...
§50-3-6. Collection of Costs and Fines - On motion of the prosecuting attorney, the magistrate court may...
§50-3-6a. Deposits in Interest-Bearing Accounts; Payment of Interest to General Revenue Fund of State Treasury - Magistrate court clerks or circuit clerks acting in that capacity,...
§50-3-7. Records of Magistrate Court; Reports - (a) Records of the judicial transactions of magistrate court shall...
§50-3-8. Audits - The chief inspector of public offices shall perform an annual...
§50-3-9. Magistrate Court Officials to Issue Receipts of Collections; Deposit of Funds - (a) Any magistrate, magistrate court clerk, magistrate assistant or magistrate...
§50-3-10. Removal of Magistrate Court Official - If any magistrate, magistrate court clerk, magistrate assistant or magistrate...
Article 4. Procedure Before Trial
§50-4-1. Commencement of Civil Actions - There shall be one form of civil action in magistrate...
§50-4-2. Commencement of Criminal Prosecutions - Except where the provisions of this code or rule of...
§50-4-2a. Initial Appearance and Arraignment by Video to Be Conducted by Magistrate Court Wherein Offense Is Charged; Exceptions - (a) Except as provided by the provisions of subsection (b)...
§50-4-3. Appointment of Counsel in Criminal Proceeding - In any criminal proceeding in a magistrate court in which...
§50-4-4. Long-Arm Jurisdiction; Manner of Service in Civil Cases - Magistrate courts shall have long-arm jurisdiction as follows: Over domestic...
§50-4-4a. Appearance in Civil Cases - Any party to a civil action in a magistrate court...
§50-4-5. Return Date in Civil Action; Setting of Trial Date; Failure to Appear or Notify - Except as may otherwise be provided by law, each summons...
§50-4-6. Return Date in Criminal Proceedings; Setting Trial Date - When a warrant has been duly executed or when a...
§50-4-7. Disqualification of Magistrate - A motion for the disqualification of a magistrate in a...
§50-4-8. Removal to Circuit Court - At any time before trial in a civil action involving...
§50-4-9. Counterclaim - A defendant in a civil action may file a counterclaim...
§50-4-10. Default Judgment; Confession of Judgment - (a) If a defendant in a civil action fails to...
§50-4-11. Dismissal of Actions for Lack of Jurisdiction - If at any time a magistrate determines that an action...
§50-4-12. Dismissal of Actions for Failure to Appear, Testify, etc. - A magistrate may render judgment against the plaintiff dismissing his...
§50-4-13. Intercounty Institution of Civil Actions - A civil action may be instituted before a magistrate court...
Article 5. Trials, Hearings and Appeals
§50-5-1. General Rules of Procedure - Except as the same may be inconsistent with the provisions...
§50-5-2. Continuances - A magistrate may continue the holding of a trial or...
§50-5-3. Appointment of Guardian Ad Litem - No infant, incompetent person or incarcerated convict shall proceed or...
§50-5-4. Subpoenas - A magistrate, magistrate court clerk, magistrate court deputy clerk or...
§50-5-5. Privileged Communications; Persons Incompetent to Testify - No person shall be compelled to testify at any proceeding...
§50-5-6. Evidentiary Depositions - In a civil action the evidentiary deposition of any witness...
§50-5-7. Right to Trial in Criminal Cases - Every defendant charged in a magistrate court in a criminal...
§50-5-8. Trial by Jury; Trial to the Court - (a) A party to a civil action in magistrate court...
§50-5-9. Verdict and Sentence - (a) In every criminal case in which the defendant is...
§50-5-10. Setting Aside Judgment - Upon motion made within twenty days after judgment by any...
§50-5-11. Contempt - A magistrate may punish for contempt of court a person...
§50-5-12. Appeals in Civil Cases - (a) Any person may appeal the judgment of a magistrate...
§50-5-13. Appeals in Criminal Cases - (a) Any person convicted of an offense in a magistrate...
§50-5-14. Pleas in Certain Cases - Except for violations of section one or two, article five,...
§50-5-14a. Disposition Without Court Appearance - Tender of payment by a person charged by citation of...
§50-5-15. Failure of Defendant to Appear at Criminal Trial or Other Criminal Hearing; Compulsion of Appearance - Whenever any defendant, properly notified, fails to appear for a...
Article 6. Enforcement of Civil Judgments
§50-6-1. Enforcement of Judgments - (a) The provisions of articles three, four, five, five-a, five-b...
§50-6-2. Filing of Transcript in Office of Circuit Clerk; Entry on Lien Docket - A certified transcript of judgment rendered by a magistrate court...
§50-6-3. Attachment - Except as the same may be in conflict with the...