West Virginia Magistrate Court Continuance — How to Reschedule Your Court Date

You Can't Just Skip Your Court Date

Life happens. A medical emergency, a work conflict you can't avoid, a key witness who's out of state on the scheduled date. If you need to reschedule your Magistrate Court hearing, you can request a continuance — but the court doesn't grant them automatically, and failing to show up without one has serious consequences.

Under Magistrate Civil Rule 12, a continuance is granted only upon a showing of good cause. A vague preference for a different date won't cut it.

What Counts as Good Cause

West Virginia magistrates have discretion. Reasons you can explain in your motion include:

• Medical emergency — hospitalization, a serious illness, a surgery that prevents you from attending. Documentation helps (a doctor's note, hospital discharge papers).
• Military deployment or active duty — explain how service affects your ability to attend and provide supporting information. The magistrate decides whether it meets the good-cause standard.
• Death in the immediate family — self-explanatory, though the court may ask for documentation.
• Unavoidable conflict — a pre-scheduled surgery, a subpoenaed appearance in another court, a business trip booked before the hearing date was set.
• Witness unavailability — your key witness has a genuine scheduling conflict and their testimony is essential to your case.
• Newly discovered evidence — you've uncovered critical information that requires additional time to prepare, and you can show the discovery was recent.

These reasons do not establish good cause on their own:

• You forgot the date — this alone may not show good cause.
• You need more time to prepare (without a specific, legitimate reason) — this may not be enough, especially if the hearing was scheduled weeks in advance.
• A work conflict you could resolve with your employer — explain why the conflict still prevents you from attending.
• You don't feel ready — a general statement of unreadiness, without a specific reason, may not show good cause.

How to Request a Continuance

File a written motion as early as possible. Don't wait until the day before the hearing. Write a short motion stating:

1. Your case number and the names of both parties
2. The currently scheduled hearing date
3. The specific reason you need a continuance
4. The dates you are available for rescheduling

Submit the motion to the Magistrate Clerk's office and send a copy to the other party. Filing early demonstrates good faith and gives the court time to adjust its calendar.

Do not assume the continuance is granted. Until the magistrate explicitly enters an order granting the continuance, the original hearing date stands. If you file a continuance request on Monday and the hearing is Wednesday, you must be prepared to appear Wednesday unless you receive written confirmation that it's been rescheduled.

What Happens If You Don't Show Up

The consequences of a no-show are immediate and severe:

• If the plaintiff doesn't appear: The court dismisses the case. Your claim is thrown out, and while it's typically dismissed "without prejudice" (meaning you can refile), you'll need to pay a new filing fee and start the service process over.
• If the defendant doesn't appear: The court enters a default judgment in the plaintiff's favor. The plaintiff gets what they asked for without the defendant ever presenting their side.

There's no grace period, no automatic rescheduling, no phone call asking where you are. The magistrate notes the absence, rules accordingly, and moves to the next case.

If the Other Side Requests a Continuance

If your opponent requests a continuance, the court may grant it without your consent — though many magistrates will consider your position. If you object, you can file a written response explaining why the continuance would prejudice your case (witnesses may become unavailable, evidence may deteriorate, the delay causes ongoing financial harm).

The magistrate decides whether a request shows good cause. A first request is not automatically granted, and any later request must also show good cause.

Our West Virginia Small Claims Filing Guide includes a Service Tracking and Deadline Calendar that keeps your hearing date, Answer deadline, and key procedural dates in one place — so scheduling conflicts surface early, not the day before trial.

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