W. Va. R. Crim. Pro. Magist. Ct. 11

As amended through January 31, 2024

Rule 11 - Notice of trial

When a defendant enters a plea of not guilty to a misdemeanor complaint or notifies the court of the intent to plead not guilty or otherwise to contest a misdemeanor citation, the court shall promptly schedule a date and time for trial.

If the defendant is not in custody, all parties shall be notified by the court by first-class mail not less than six weeks before such date of trial. If the defendant is in custody, trial shall be scheduled for the earliest practical date and all parties promptly notified. All such notices shall contain:

(a) The date, place and time of trial;

(b) The name of the magistrate scheduled to hear the case;

(c) A statement of the time periods in which pretrial motions must be filed, in accordance with Rule 12;

(d) A statement of the manner in which pretrial motions may be filed;

(e) A statement of the restrictions upon continuances as set forth in Rule 12; and

(f) A statement of the manner by which motions for disqualification may be filed as set forth in Rule 1B of the Administrative Rules for Magistrate Courts.

W. Va. R. Crim. Pro. Magist. Ct. 11

Adopted Effective 7/1/1988.