West Virginia Rules of Criminal Procedure for the Magistrate Courts – 2026
The Rules of Criminal Procedure for the Magistrate Courts of West Virginia, governing misdemeanor prosecutions and the preliminary stages of felony cases. Coverage runs from scope and complaints, through warrants, initial appearance, bail and preliminary examination, pleas, discovery and trial, to judgment, appeal and the discovery form.
Browse all 35 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.
Rule 1
Scope
Rule 2
Purpose and Construction
Rule 3
Complaint
Rule 4
Arrest warrant or summons upon complaint
Rule 5
Initial appearance before the magistrate; bail
Rule 5.1
Preliminary Examination
Rule 5.2
Offense arising in another county
Rule 5.3
Failure to appear upon a summons
Rule 6
Amendment of complaint, warrant, and summons; harmless error
Rule 7
Citation for traffic and natural resources offenses
Rule 8
Citation for other offenses
Rule 9
Plea proceedings
Rule 10
Pleas
Rule 11
Notice of trial
Rule 12
Pretrial motions
Rule 13
Service and filing of papers
Rule 14
Discovery and inspection; bill of particulars
Rule 15
Subpoena
Rule 16
Dismissal
Rule 16A
Joinder and relief from prejudicial joinder
Rule 17
Trial
Rule 18
Verdict
Rule 19
Sentence
Rule 20
New trial
Rule 20.1
Appeal to circuit court
Rule 21
Stay of execution
Rule 22
Enforcement of judgments
Rule 23
Forfeiture of bond
Rule 24
Search and seizure
Rule 25
Peace bonds
Rule 26
Time
Rule 27
Harmless error; correction of sentence; clerical mistakes
Rule 28
Revocation or modification of probation or alternative sentence
Rule 29
Discovery in misdemeanor actions
Rule 30
Discovery form