Rule 12 - Pretrial motions(a)Time Periods. - Unless good cause is shown as to why such requirements should be excused, the following motions, if made, shall be made in writing and shall be filed with the court and served upon all parties not less than 10 days before the first date scheduled for trial: (1) Motion and affidavit for transfer to another magistrate;(2) Motion for continuance; and(3) Any other motion which, if granted, would require rescheduling of the hearing or trial. The clerk, deputy clerk, or magistrate assistant shall provide appropriate forms on which such pretrial motions may be made.
All other pretrial motions may be made at any time in writing prior to trial, or may be made orally or in writing at time of trial.
(b)Continuance. - A motion for a continuance may be granted only upon:1. Compliance with the requirements set forth in section (a) of this rule;2. A showing of good cause; and3. A reasonable effort by the magistrate to notify all parties and provide them with an opportunity to respond to the motion.W. Va. R. Crim. Pro. Magist. Ct. 12
Adopted Effective 7/1/1988.