reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 3. Costs, Fines and Records › §50-3-7. Records of Magistrate Court; Reports

(a) Records of the judicial transactions of magistrate court shall be kept as required by the rules of the Supreme Court of Appeals. If, after judgment is rendered in a matter, no appeal is filed within the time allotted, the records of the proceedings shall be forwarded to the magistrate court clerk. The records shall be maintained by the magistrate court clerk in accordance with the rules of the Supreme Court of Appeals.
Records of the financial dealings of the magistrate court shall be kept as may be required by the rules of the State Auditor, who shall promulgate the rules only after consultation with the Supreme Court of Appeals.
The magistrate court shall prepare and submit the reports as may be required by the rules of the Supreme Court of Appeals or by the State Auditor.
(b) (1) Upon receipt of a written request, the magistrate court clerk shall perform a criminal history record search of criminal records in his or her possession. Each request shall be accompanied by a $25 fee for each name that is to be the subject of the records search.
(2) The provisions of this subsection shall not apply to:
(A) Federal, state, county or municipal officials;
(B) Court-appointed attorneys;
(C) Prosecuting attorneys; and
(D) Persons utilizing court provided public access terminals.
(3) All moneys collected pursuant to this subsection shall be remitted to the General Fund in the state Treasury on or before the tenth day of the following month.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 3. Costs, Fines and Records › §50-3-8. Audits

The chief inspector of public offices shall perform an annual financial audit of each magistrate court. In addition to and in conjunction with the financial audit, the chief inspector of public offices shall perform or cause to be performed an audit of the case filings of each magistrate court. The chief inspector shall report the annual number of case filings of each magistrate court to be included in the financial audit report to be made to the Supreme Court of Appeals, circuit court of the county and the Legislative Auditor. The Supreme Court of Appeals shall make a written finding that it has examined the report and that the annual number of case filings in each magistrate court accurately represents the total number of cases actually brought before that magistrate court. This finding shall be made prior to any redistribution of magistrates which is based upon the increase or decrease of case filings in any magistrate court.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 3. Costs, Fines and Records › §50-3-9. Magistrate Court Officials to Issue Receipts of Collections; Deposit of Funds

(a) Any magistrate, magistrate court clerk, magistrate assistant or magistrate deputy clerk who receives a fee, cost, percentage, penalty, commission, allowance, bond, deposit, surety or other cash payment or sum shall issue a receipt to the payor thereof, in duplicate, on a form approved by the chief inspector, in accordance with the provisions of article nine, chapter six of this code. The magistrate court official shall issue the original of such receipt to the payor and shall retain the copy. The chief inspector shall prescribe the minimum information to be included on such receipt forms.
(b) All money collected shall be deposited in accordance with rules promulgated by the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 3. Costs, Fines and Records › §50-3-10. Removal of Magistrate Court Official

If any magistrate, magistrate court clerk, magistrate assistant or magistrate court deputy clerk shall fail to comply with the provisions of this article, the chief inspector may, in addition to any other remedies provided by law, seek the removal from office of such official, in accordance with provisions of section seven, article six, chapter six of this code.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 4. Procedure Before Trial › §50-4-1. Commencement of Civil Actions

There shall be one form of civil action in magistrate court. Civil actions shall be commenced by the payment of the fees required by article three of this chapter and by providing any magistrate court clerk, magistrate court deputy clerk, or magistrate assistant with a concise statement, either oral or written, of the nature of the cause of action. Where such statement is filed by a commercial creditor, the statement shall include, but not be limited to, a setting forth of the amount of the original obligation, the portion thereof which constitutes principal, the portion thereof which represents interest, the date and amount of payments thereon, the amount, if any, credited for the sale of repossessed collateral, and the amount alleged to be due. The magistrate court clerk, the magistrate court deputy clerk, or magistrate assistant shall immediately prepare a summons in such form and containing such information as may be required by the rules of the Supreme Court of Appeals. The summons shall be dated the same day the request therefor is received and the appropriate fees received, and the action shall be deemed commenced as of that date. The magistrate assistant shall thereupon forward the matter to the magistrate court clerk together with any service of process fees which may have been collected.
Upon receipt of the matter by the magistrate court clerk, such clerk shall docket the same in a central docket, and shall sign the summons and forward it, together with any service of process fees, to the sheriff for service. Such clerk shall assign the action for trial in the manner as shall be prescribed by the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court, to promote and secure the convenient and expeditious transaction of the business of the court.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 4. Procedure Before Trial › §50-4-2. Commencement of Criminal Prosecutions

Except where the provisions of this code or rule of the Supreme Court of Appeals permit the commencement of a criminal prosecution through the issuance of a citation, a criminal prosecution shall be commenced by the filing of a complaint in accordance with the requirements of rules of the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 50. Magistrate Courts › Article 4. Procedure Before Trial › §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) of this section, whenever a person already detained in a regional jail facility is served with a criminal complaint, the initial appearance or arraignment, if accomplished by the use of a video imaging system, shall to the extent practicable be before a magistrate of the charging jurisdiction. If such is not practicable, a magistrate of the jurisdiction in which the regional jail facility is located may preside over the proceeding.
(b) An order of the Supreme Court of Appeals authorizing a magistrate or magistrates to conduct pretrial proceedings by use of video imaging shall supercede the requirements set forth in subsection (a) of this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-2. Chief Justice

The court shall designate one of its justices to be chief justice of the court for such term as the court may determine by order made and entered of record. In the absence of the chief justice, any other justice designated by the justices present shall act as chief justice. Any reference in the Constitution of this state, in this code or elsewhere in law to the president of the West Virginia Supreme Court of Appeals shall henceforth be construed to mean the chief justice of such court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-3. Jurisdiction

The Supreme Court of Appeals shall have original jurisdiction in cases of habeas corpus, mandamus and prohibition. It shall have appellate jurisdiction in civil cases where the matter in controversy, exclusive of costs, is of greater value or amount than $100; in controversies concerning the title or boundaries of land, the probate of wills, the appointment or qualification of a personal representative, guardian, committee or curator, or concerning a mill, road, way, ferry or landing, or the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and in cases involving freedom or the Constitutionality of a law. It shall have appellate jurisdiction in criminal cases where there has been a conviction for felony or misdemeanor in a circuit court, and where a conviction has been had in any inferior court and been affirmed in a circuit court, and in cases relating to the public revenue, the right of appeal shall belong to the state, as well as the defendant, and such other appellate jurisdiction, in both civil and criminal cases, as may be prescribed by law.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-4. Regulation of Pleading, Practice and Procedure in All Courts of Record; Judicial Council as Advisory Committee

The Supreme Court of Appeals may, from time to time, make and promulgate general rules and regulations governing pleading, practice and procedure in such court and in all other courts of record of this state. All statutes relating to pleading, practice and procedure shall have force and effect only as rules of court and shall remain in effect unless and until modified, suspended or annulled by rules promulgated pursuant to the provisions of this section. Such rules and regulations shall be uniform for all courts of the same grade or class; but any court of the state other than the Supreme Court of Appeals may adopt rules of court governing its local practice, but such rules of local practice shall not be inconsistent with any general rule of court then in existence or thereafter promulgated, and shall be effective only after approval by the Supreme Court of Appeals.
The judicial council of West Virginia is hereby designated as advisory committee to make observation and report to the Supreme Court of Appeals, from time to time, such recommendations as may, in its judgment, be proper; and all rules promulgated by the Supreme Court of Appeals under the authority of this section shall, before taking effect, be referred to the chairman of the judicial council, the president of the West Virginia bar association and to the judge of every court affected thereby. In the event a hearing is requested, within twenty days after such reference, by any five of the persons so designated, the Supreme Court of Appeals shall thereupon designate a day when a hearing on the matter of the adoption of such rules shall be held. In the event no hearing is requested or, if requested, after such hearing, the Supreme Court of Appeals shall be free to adopt or reject the proposed rules. General rules and regulations governing pleading, practice and procedure, and local rules, shall from time to time be published as an appendix to the official reports of the Supreme Court of Appeals and bound therewith.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-4a. Rules Governing Practice of Law; Creation of West Virginia State Bar; Providing Its Powers, and Fees for Administration

The Supreme Court of Appeals of West Virginia shall, from time to time, prescribe, adopt, promulgate, and amend rules:
(a) Defining the practice of law.
(b) Prescribing a code of ethics governing the professional conduct of attorneys at law and the practice of law, and prescribing a code of judicial ethics.
(c) Prescribing procedure for disciplining, suspending, and disbarring attorneys at law.
(d) Organizing and governing by and through all of the attorneys at law practicing in this state, an administrative agency of the Supreme Court of Appeals of West Virginia, which shall be known as "The West Virginia State Bar." The West Virginia State Bar shall be a part of the judicial department of the state government and is hereby created for the purpose of enforcing such rules as may be prescribed, adopted and promulgated by the court from time to time under this section. It is hereby authorized and empowered to perform the functions and purposes expressed in a Constitution, bylaws and amendments thereto as shall be approved by the Supreme Court of Appeals from time to time. All persons practicing law in this state shall be members of the West Virginia State Bar in good standing: Provided, however, That the West Virginia State Bar shall not become operative until its Constitution and bylaws shall first have been submitted to all attorneys at law practicing in this state, including those presently serving in the Armed Forces of the United States, for the purpose of securing the suggestions and recommendations of all such attorneys at law, for a period of at least sixty days prior to the entry of an order by such court approving said Constitution and bylaws.
(e) Fixing a schedule of fees to be paid by attorneys at law practicing in the State of West Virginia for the purpose of administering this section, and providing for the collection and disbursement of such fees: Provided, however, That the annual fees to be paid by any attorney at law shall not exceed the sum of $5, unless a majority of the attorneys at law practicing in this state consent to the payment of a higher annual fee.
The inherent rule-making power of the Supreme Court of Appeals is hereby declared.
When and as the rules of the court herein authorized shall be prescribed, adopted, and promulgated, all laws and parts of laws that conflict therewith shall be and become of no further force or effect to the extent of such conflict.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-5. Regular Terms

Two terms of the Supreme Court of Appeals shall be held every year at Charleston, in Kanawha county, the first commencing on the second Tuesday in January, the second on the first Wednesday in September, and shall continue until the business is dispatched. But when, in the judgment of the court, extraordinary circumstances require, such term or terms may be held at such other place or places within the state as the court may designate, such times and places to be fixed in the manner provided in this article for holding special terms of said court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-6. Special Terms

Special terms of the Supreme Court of Appeals may be held for the trial and decision of causes at Charleston, in Kanawha county, specially designated as the place for holding the regular terms thereof, and under extraordinary circumstances at such other times and places as the court may designate by an order entered of record at a regular or special term of said court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-7. Warrant of Judges Appointing Special Term

The judges of said court, or a majority of them, may, by warrant signed by them, directed to the clerk, appoint a special term to be held for the trial and decision of causes at Charleston, or, under extraordinary circumstances, at any other point within the state designated by them, or which may hereafter be designated by law for holding regular terms thereof. The clerk shall enter such warrant in the order book of the court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-8. Hearing of Cases at Special Term

At any special term of the court, any cause, the record of which has been previously printed, may, in the discretion of the court, be heard and decided by consent of parties or their counsel, entered of record, or upon at least thirty days' notice in writing, given by the party desiring the hearing to the opposite party or his counsel, of his intention to insist on a hearing, when the same may, in the discretion of the court, be heard and determined at any such special term.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-10a. Salary of Justices

The salary of each of the justices of the Supreme Court of Appeals shall be $95,000 per year:
Provided
, That beginning July 1, 2005, the salary of each of the justices of the Supreme Court shall be $121,000:
Provided, however
, That beginning July 1, 2011, the annual salary of a justice of the Supreme Court shall be $136,000:
Provided further
, That beginning July 1, 2021, the annual salary of a justice of the Supreme Court of Appeals shall be $142,800, and beginning July 1, 2022, the annual salary of a justice of the Supreme Court of Appeals shall be $149,600.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-11. Appointment and Compensation of the Clerk and Employees of the Clerks' Office; Compensation

The justices of the Supreme Court of Appeals may appoint a clerk. Notwithstanding any code provision to the contrary, no bond shall be required to be posted by the clerk. The justices of the Supreme Court of Appeals may also appoint any other full-time and part-time professional and clerical assistants necessary to efficiently perform the functions and duties of the office of the clerk. These employees shall serve at the will and pleasure of the justices of the Supreme Court of Appeals. The salary of the clerk and persons employed within the office of the clerk shall be established by the justices of the Supreme Court of Appeals. If any position becomes vacant while the Supreme Court of Appeals is in vacation, the position may be filled by appointment, in writing, issued by the justices of the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-12. Duties of Clerk

It shall be the duty of the clerk of the Supreme Court of Appeals to attend in person, or by deputy, all the sessions of the court, to obey its orders and directions in term time and in vacation, to take care of and preserve in an office, kept for the purpose, all records and papers of the court, and to perform such other duties as may be prescribed by law or required of him by the court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-15. Administrative Office of Supreme Court of Appeals Continued; Director; Assistants and Secretaries; Seal

The administrative office of the Supreme Court of Appeals heretofore established is hereby continued. The court shall appoint a director thereof and such assistants and secretaries as it deems necessary to perform the duties of the office as specified in section seventeen of this article and such other duties as may be specified by the court. Such appointees shall serve at the will and pleasure of the court and shall receive such compensation as may be fixed from time to time by the court. They shall also be reimbursed out of the state Treasury for all reasonable and necessary expenses actually incurred for travel, meals and lodging incident to the performance of their duties as such appointees. The director, when so directed by the court, shall cause a seal of office to be made for such office of such design as the court shall approve, and judicial notice shall be taken of such seal.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-17. Administrative Office of Supreme Court of Appeals -- Duties of Director

The director shall, when authorized by the Supreme Court of Appeals, be the administrative officer of said court and shall have charge, under the supervision and direction of the Supreme Court of Appeals, of:
(a) All administrative matters relating to the offices of the clerks of the circuit and intermediary courts and of the offices of justice of the peace and all other clerical and administrative personnel of said courts; but nothing contained in this article shall be construed as affecting the authority of the courts to appoint their administrative or clerical personnel;
(b) Examining the state of the dockets of the various courts and securing information as to their needs for assistance, if any, and the preparation of statistical data and reports of the business transacted by the courts;
(c) The preparation of a proper budget to secure the appropriation of moneys for the maintenance, support and operation of the courts;
(d) The purchase, exchange, transfer and distribution of equipment and supplies, as may be needful or desirable;
(e) Such other matters as may be assigned to him by the Supreme Court of Appeals. The clerks of the circuit courts, intermediate courts and courts of the justices of the peace shall comply with any and all requests made by the director or his assistants for information and statistical data bearing on the state of the dockets of such courts, or such other information as may reflect the business transacted by them;
(f) Annual report of activities and estimates of expenditures. -- The director, when required to do so by the Supreme Court of Appeals, shall submit annually to the court a report of the activities of the administrative office and of the state of business of the courts, together with the statistical data compiled by him with his recommendations;
(g) Serve as the chair of the court security board created under the provisions of section fifteen, article three of this chapter.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-20. Feasibility Study of One Day-One Trial Jury Selection System

The Supreme Court of Appeals shall conduct a study to determine the feasibility of a system of jury selection for petit juries in West Virginia wherein those prospective jurors who are called for jury duty are required to report for duty for not more than one day or until the completion of one trial for which they are chosen on that day. The supreme court shall designate a judicial circuit within this state and direct the court of that circuit to order the jury commission of each county within the circuit to employ this a jury selection system in whole, or in part, from July 1, 1988, to June 30, 1989.
Before September 1, 1989, the jury commission shall prepare and deliver a report to the Supreme Court of Appeals relating the cost, efficiency, effectiveness and general acceptance of the system. The Supreme Court of Appeals shall report to the Legislature on the feasibility of the system before January 1, 1990. The Supreme Court of Appeals shall fund those expenses necessary to conduct this study out of the budget of the court.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-21. Authority to Maintain Domestic Violence Database

(a) The West Virginia Supreme Court of Appeals is hereby authorized to maintain a domestic violence database containing copies of protective orders entered by the courts of this state and granted pursuant to the provisions of article twenty-seven, chapter forty-eight of this code. Further, the domestic violence database shall also include, upon request, protection orders issued by a jurisdiction outside of this state pursuant to its law.
(b) Only a protected individual who obtains a protection order from a jurisdiction other than this state pursuant to its law or his or her representative as provided in section five, article twenty-eight of this chapter may register that order with the West Virginia Supreme Court of Appeals.
(c) Failure to register an order as provided in this section shall not affect its enforceability in any county or jurisdiction.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-22. Court Advanced Technology Subscription Fund Created

(a) There is created within the State Treasury a special revenue fund designated the Court Advanced Technology Subscription Fund to be administered by the West Virginia Supreme Court of Appeals.
(b) The fund shall consist of moneys received from subscribers using the court’s advanced technology systems including, but not limited to, the e-filing system and the Unified Judicial Application Information System.
(c) All moneys deposited into the State Treasury and credited to the Court Advanced Technology Subscription Fund shall be used to pay the costs associated with maintaining and administering the court’s advanced technology systems.
(d) All moneys collected by the administrator of the Supreme Court of Appeals for the use of the court’s advanced technology shall be deposited into the Court Advanced Technology Subscription Fund. Expenditures from the fund shall be for the purposes set forth in subsection (c) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature in accordance with article three, chapter twelve of this code and upon fulfillment of the requirements of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2017, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
2023 West Virginia Code › Chapter 51. Courts and Their Officers › Article 1. Supreme Court of Appeals › §51-1-23. Court Facilities Maintenance Fund Created

(a) There is created within the State Treasury a special revenue fund designated the Court Facilities Maintenance Fund to be administered by the West Virginia Supreme Court of Appeals.
(b) The fund shall consist of moneys received from rent or other payments from tenants leasing space owned by the Supreme Court of Appeals of West Virginia.
(c) All moneys deposited into the State Treasury and credited to the Court Facilities Maintenance Fund shall be used to offset the cost to maintain property owned by the Supreme Court of Appeals of West Virginia.
(d) All moneys collected by the administrator of the Supreme Court of Appeals from rent or other payments from tenants leasing space owned by the Supreme Court of Appeals of West Virginia shall be deposited into the Court Facilities Maintenance Fund. Expenditures from the fund shall be for the purposes set forth in subsection (c) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature in accordance with 12-3-1
et seq
. of this code and upon fulfillment of the requirements of 11B-2-1
et seq
. of this code.