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WV Code § 50-4-3 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-3. Appointment of Counsel in Criminal Proceeding

In any criminal proceeding in a magistrate court in which the applicable statutes authorize a sentence of confinement the magistrate shall at the time of the initial appearance advise a defendant of his right to counsel and his right to have counsel appointed if such defendant cannot afford to retain counsel. In the event a defendant requests that counsel be appointed and executes an affidavit that he is unable to afford counsel, the magistrate shall stay further proceedings and shall request the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, to appoint counsel. Such judge shall thereupon appoint counsel. If there is no judge sitting in the county at the time of the request, then the clerk of the circuit court shall appoint counsel from a list of attorneys in accordance with the rules established by such judge of the circuit court. Counsel shall be paid for his services and expenses in accordance with the provisions of article twenty-one, chapter twenty-nine of this code.
WV Code § 50-4-4 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-4. Long-Arm Jurisdiction; Manner of Service in Civil Cases

Magistrate courts shall have long-arm jurisdiction as follows: Over domestic and foreign corporations as provided in section fifteen, article one, chapter thirty-one of this code; over nonresident holders of consumer instruments as provided in section one hundred thirty-seven, article two, chapter forty-six-a of this code; over domestic and foreign limited partnerships as provided in section four, article nine, chapter forty-seven of this code; over voluntary associations and business trusts as provided in section five, article nine-a, chapter forty-seven of this code; over nonresident motorists as provided in section thirty-one, article three, chapter fifty-six of this code; and over nonresidents with certain contacts with this state as provided in section thirty-three, article three, chapter fifty-six of this code.Service of process in civil actions shall be made in the same manner as is provided for service of process in trial courts of record.
WV Code § 50-4-4a (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-4a. Appearance in Civil Cases

Any party to a civil action in a magistrate court may appear and conduct such action in person, by agent or by attorney. Appearance by an agent or attorney shall have the same effect as appearance by the party represented, and the appearance by an agent shall not constitute the unlawful practice of law. No magistrate may act as such agent or attorney.
WV Code § 50-4-5 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§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 in a civil action shall notify the defendant that he must appear within twenty days after service of the summons upon him or that he must otherwise notify the magistrate court by that time that he wishes to contest the matter.If the magistrate court is notified by the defendant that he wishes to contest the matter a trial date shall be set in accordance with the supervisory rules of the Supreme Court of Appeals.If no appearance or other notification is made within twenty days after the service of the summons on the defendant, or within such other time as may be provided by law, judgment by default may be entered in accordance with the provisions of section ten of this article.At any trial in any matter involving unlawful entry and detainer and in the trial of any case in any way involving the possession, use or control of rental property, it is permissible for a party to plead, prove and obtain judgment for all rent due and owing the party.
WV Code § 50-4-6 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-6. Return Date in Criminal Proceedings; Setting Trial Date

When a warrant has been duly executed or when a defendant appears in response to a summons, the defendant shall be notified of the return date set by the court. The defendant shall appear before the magistrate on or before the return date. In the event a trial or preliminary examination is not expressly waived by such defendant, the magistrate shall set a date for such trial or preliminary examination and shall notify all parties.
WV Code § 50-4-7 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-7. Disqualification of Magistrate

A motion for the disqualification of a magistrate in a magistrate court proceeding shall be filed in accordance with the requirements of the rules of the Supreme Court of Appeals.
WV Code § 50-4-8 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-8. Removal to Circuit Court

At any time before trial in a civil action involving less than $5,000 the action may be removed to circuit court upon the concurrence of all parties and upon the payment of the circuit court filing fee. At any time before trial in a civil action involving $5,000 or more, any party may, upon payment of the circuit court filing fee, cause such action to be removed to the circuit court: Provided, That at any time before trial in any action for wrongful occupation or unlawful detainer involving $2,500 or more any party may, upon payment of the circuit court filing fee, cause such action to be removed to circuit court. All appropriate documents shall then be forwarded along with the fee to the clerk of the circuit court. The matter shall then be heard by the circuit court.
WV Code § 50-4-9 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-9. Counterclaim

A defendant in a civil action may file a counterclaim and if such counterclaim arises from the same transaction or occurrence that is the subject matter of the initial claim they shall be tried together. The failure to institute a counterclaim permitted by this section shall not preclude the institution of an action on such claim at a later date. The adjudication of the original claim shall not constitute res judicata as to any such permitted counterclaim nor shall it act as an estoppel as to such permitted counterclaim.
WV Code § 50-4-10 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-10. Default Judgment; Confession of Judgment

(a) If a defendant in a civil action fails to appear or otherwise notify the magistrate court within the time limits prescribed by section five of this article that he wishes to contest the action, the magistrate may render judgment as justice may require as follows:(1) The magistrate shall render judgment by default only upon affidavit or sworn testimony reflecting the nature of the claim, whether or not it is for a sum certain or for a sum which can by computation be made certain, the defendant's failure to appear or otherwise notify the court within the time limits prescribed by section five of this article that he wishes to contest the action and supporting the relief sought. In the event the plaintiff's claim is not for a sum certain or for a sum which can by computation be made certain, the court shall require such further proof by affidavit or sworn testimony as is necessary to determine the propriety of the relief sought.(2)(A) No judgment by default shall be rendered against a person who is an infant, incompetent person or incarcerated convict unless such person is represented in the action by a guardian ad litem, guardian, committee, curator or other like fiduciary.(B) No judgment by default may be rendered against a person in active military service of the United States who has not made an appearance unless the provisions of 50 App. U.S.C. §520 have been followed, including the appointment of an attorney upon motion of a plaintiff.(b) Upon motion made by the defendant within twenty days after the date of such judgment, or, in the case of a person in the military service, within the time provided by 50 App. U.S.C. §520, the magistrate may, for good cause shown, set aside the judgment and set the matter for trial.(c) If a defendant offers to confess judgment at any time, the magistrate shall take the same in writing and render judgment for the amount confessed plus costs. In the event the amount claimed by the plaintiff exceeds the amount confessed by the defendant the plaintiff may request that the matter be set for trial. If the plaintiff's recovery therein does not exceed the amount confessed, costs shall be assessed against the plaintiff.
WV Code § 50-4-11 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-11. Dismissal of Actions for Lack of Jurisdiction

If at any time a magistrate determines that an action involves a matter outside of or an amount in excess of the jurisdiction of the magistrate court, the action shall be dismissed without prejudice. Judgment shall be awarded against the plaintiff in such event for any costs incurred by defendant. A plaintiff may, at any time before such dismissal, forgive in writing any amounts which may be in excess of the monetary limitation of the court's jurisdiction and confer jurisdiction thereby.
WV Code § 50-4-12 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-12. Dismissal of Actions for Failure to Appear, Testify, etc.

A magistrate may render judgment against the plaintiff dismissing his action with prejudice to a new action and awarding costs to the defendant when (a) the plaintiff fails to appear and prosecute his action at the proper time for appearance; (b) the plaintiff fails or refuses to testify when properly required to do so; or (c) the plaintiff fails to give security for costs when properly required to do so. In cases (a) and (b) if the plaintiff shows cause why his action should not have been dismissed, the magistrate may set aside such judgment and continue the matter before him or may dismiss the action without prejudice.A magistrate shall dismiss a claim without prejudice if the summons is defective or erroneous and cannot properly be amended.A magistrate shall dismiss a claim without prejudice if the plaintiff requests such dismissal before trial.The dismissal of a claim shall not affect the right of any party to proceed to trial upon a counterclaim.
WV Code § 50-4-13 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 4. Procedure Before Trial|§50-4-13. Intercounty Institution of Civil Actions

A civil action may be instituted before a magistrate court clerk, magistrate court deputy clerk, or magistrate assistant in any county when the matter should be heard in another county. The clerk, deputy clerk, or magistrate assistant before whom such matter is instituted shall, in such event, forward all fees collected together with an appropriate statement of the matter to the magistrate court of the appropriate county. The clerk, deputy clerk, or magistrate assistant receiving such information and fees shall proceed with the matter as if it were actually instituted before him
WV Code § 50-5-1 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-1. General Rules of Procedure

Except as the same may be inconsistent with the provisions of this chapter or with rules adopted by the Supreme Court of Appeals, the provisions of law relating to trials and admissibility of evidence in circuit courts shall apply to trials in magistrate courts.
WV Code § 50-5-2 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-2. Continuances

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.
WV Code § 50-5-3 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-3. Appointment of Guardian Ad Litem

No infant, incompetent person or incarcerated convict shall proceed or be proceeded against in a civil action in magistrate court unless the provisions of this section are complied with.Whenever an infant, incompetent person or incarcerated convict has a duly qualified representative, such as a guardian, curator, committee or other like fiduciary, such representative may sue or defend on behalf of the infant, incompetent person or convict. If a person under any disability does not have a duly qualified representative he may sue by his next friend. The magistrate shall appoint some suitable person who shall not be required to be an attorney-at-law as guardian ad litem for an infant, incompetent person or incarcerated convict not otherwise represented in an action.
WV Code § 50-5-4 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-4. Subpoenas

A magistrate, magistrate court clerk, magistrate court deputy clerk or magistrate assistant shall, upon the request of any party, issue a subpoena compelling the attendance and testimony of a witness or a subpoena duces tecum compelling the production of some writing or other object. The court shall require the sheriff to enforce such subpoena or subpoena duces tecum and may punish the willful disregard thereof by finding such person in contempt in accordance with the provisions of section eleven of this article. Witness fees and mileage shall be calculated and paid as in the circuit court.
WV Code § 50-5-5 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-5. Privileged Communications; Persons Incompetent to Testify

No person shall be compelled to testify at any proceeding in magistrate court as to any communication privileged by law. No person shall be compelled to testify as to any matter as to which he is incompetent by law to testify.
WV Code § 50-5-6 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-6. Evidentiary Depositions

In a civil action the evidentiary deposition of any witness residing out of the county or unable to attend court may be taken for use at the trial by any party upon reasonable notice to all other parties.
WV Code § 50-5-7 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-7. Right to Trial in Criminal Cases

Every defendant charged in a magistrate court in a criminal proceeding which is within the jurisdiction of the court shall have the right to a trial on the merits in the magistrate court.
WV Code § 50-5-9 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-9. Verdict and Sentence

(a) In every criminal case in which the defendant is in custody, a magistrate shall render a finding of guilty or not guilty immediately upon the conclusion of the trial or hearing. In all other proceedings, a magistrate shall render a finding of guilty or not guilty no later than the next succeeding day after the conclusion of the trial or hearing, excluding Saturdays, Sundays and legal holidays.(b)(1) Sentence shall be imposed in open court within sixty days from the date of the finding of guilt except where sentence is required to be imposed within a lesser period under the provisions of subdivision (2) of this subsection.(2) Sentence shall be imposed in open court upon a defendant in custody on or before the date of the expiration of the time equivalent to the maximum sentence that may be imposed for the offense. In determining the date, the magistrate shall include in the computation any credit to which the defendant is entitled for the time of confinement spent by the defendant in jail awaiting trial and sentencing.
WV Code § 50-5-10 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-10. Setting Aside Judgment

Upon motion made within twenty days after judgment by any party in a civil action or by the defendant in a criminal action, the magistrate who heard the matter or his successor or designee may, upon good cause shown, set aside judgment and order a new trial. All parties shall be given notice of such motion and an opportunity to be heard.
WV Code § 50-5-11 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-11. Contempt

A magistrate may punish for contempt of court a person guilty of any of the following acts:(a) Contemptuous or insolent behavior toward such magistrate while engaged in the trial of a case or in any other judicial proceeding;(b) Any breach of the peace, willful disturbance, or indecent conduct in the presence of such magistrate while so engaged, or so near as to obstruct or interrupt the proceedings;(c) Violence or threats of violence to such magistrate, or any officer, juror, witness, or party going to, attending, or returning from, any judicial proceeding before the court with respect to anything done or to be done in the course of such proceeding;(d) Flagrant misbehavior of any officer of the county acting in his official capacity with respect to any action or judicial proceeding had or pending before the court, or any process, judgment, order or notice therein; or(e) Willful resistance by an officer of the court, juror, witness, party or other person to any lawful process or order of the court.A magistrate may, if necessary, issue a warrant of arrest for such person, who shall be given an opportunity to be heard. In the event such person is adjudged guilty of contempt, the person may be fined not more than $50 for the first offense. For a second offense pertaining to the same matter the person may be fined not more than $100. For the third or any subsequent offense pertaining to the same matter the person may be fined not more than $100, or imprisoned in the county jail not more than ten days, or both fined and imprisoned.An appeal to the circuit court of such conviction shall lie as in criminal cases.
WV Code § 50-5-14 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-14. Pleas in Certain Cases

Except for violations of section one or two, article five, chapter seventeen-c of this code, and except for violations of any of the provisions of chapter twenty of this code which may subject the person charged therewith to confinement, any person charged with a violation of said chapter seventeen-c or said chapter twenty may plead guilty or nolo contendere thereto by appearing before a magistrate, magistrate court clerk, magistrate court deputy clerk or magistrate assistant in a county other than the county in which he is charged and pay an appropriate fine and costs as advised by such magistrate clerk or deputy clerk. The clerk, deputy clerk or magistrate assistant shall immediately forward the same to the appropriate magistrate court. The magistrate court may either accept or reject the same. In the event the same is rejected the plea shall be considered withdrawn and all moneys paid shall be returned and the matter shall proceed as if no such offer of plea had been made.
WV Code § 50-5-14a (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§50-5-14a. Disposition Without Court Appearance

Tender of payment by a person charged by citation of the assessed fine and costs shall constitute a plea of no contest to such citation and signing of the citation by the person charged shall not be required for entry of a judgment of conviction.
WV Code § 50-5-15 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 5. Trials, Hearings and Appeals|§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 criminal trial or other criminal hearing before a magistrate, the magistrate may issue a capias to compel that person to appear.
WV Code § 50-6-1 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 6. Enforcement of Civil Judgments|§50-6-1. Enforcement of Judgments

(a) The provisions of articles three, four, five, five-a, five-b and six, chapter thirty-eight of this code, except as the same are in conflict with the provisions of this chapter or are clearly applicable only to courts of record, shall apply to the enforcement of judgments rendered in magistrate court and process therefor shall issue from magistrate court. Process issued in violation of such provisions shall be void. The form of such process shall be in accord with the rules of the Supreme Court of Appeals. No such process shall issue until after twenty days after the judgment is rendered or, if a motion to set aside such judgment is then pending, until after twenty days after the determination of such motion.(b) A magistrate court clerk, deputy clerk or magistrate assistant before whom a suggestion of salary and wages is instituted pursuant to the provisions of articles five-a and five-b, chapter thirty-eight of this code shall forward all post judgment process directly to the sheriff of any county in the same manner and with the same authority as has been given to circuit clerks, pursuant to section five, article three, chapter fifty-six.
WV Code § 50-6-2 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 6. Enforcement of Civil Judgments|§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 may be filed in the office of the circuit court upon payment of a fee of $1. The circuit clerk shall keep such records and indices as may be required by the rules of the Supreme Court of Appeals. Such judgments may also be docketed in the judgment lien book kept in the office of the clerk of the county commission in the same manner and with the same effect as circuit court judgments.
WV Code § 50-6-3 (2021)
2021 West Virginia Code|Chapter 50. Magistrate Courts|Article 6. Enforcement of Civil Judgments|§50-6-3. Attachment

Except as the same may be in conflict with the provisions of this chapter, the provisions of article seven, chapter thirty-eight of this code, regarding attachment shall apply to actions in magistrate court.
WV Code § 51-1-1 (2021)
2021 West Virginia Code|Chapter 51. Courts and Their Officers|Article 1. Supreme Court of Appeals|§51-1-1. Justices

The Supreme Court of Appeals shall consist of five justices, elected and qualified according to the Constitution and the laws of this state, any three of whom shall constitute a quorum. Effective with the primary election of 2016, all elections for justices will be on a nonpartisan basis by division. Beginning in 2016, there will no longer be primary elections held for the office of justice and all elections for justice are to be held in the nonpartisan judicial election as set forth in article five, chapter three of this code. All indications of party identification on election ballots for that office shall be omitted.