West Virginia Magistrate Court Rules of Civil Procedure — What Defendants Need to Know

West Virginia Magistrate Courts follow their own set of procedural rules — the Rules of Civil Procedure for Magistrate Courts (RCPMC), not the general West Virginia Rules of Civil Procedure that govern Circuit Court. If you have been served with a civil complaint in Magistrate Court, these rules control every deadline, filing requirement, and hearing procedure you will encounter.

Here are the rules that matter most for defendants.

Rule 4 — The Answer and Its Deadline

Rule 4 sets the clock. Once you are served with a summons and civil complaint, you have 20 calendar days to file and serve a written Answer. If the summons and complaint were served on an agent or attorney-in-fact authorized to accept service for you, you get 30 days.

For possessory housing actions — evictions for wrongful occupation — the timeline is compressed to 5 court days. These cases follow a summary track and are significantly different from standard money claims.

The 20-day period starts on the day after service. If day 20 falls on a weekend or court holiday, the deadline rolls to the next business day.

Rule 8 — Serving the Answer

Rule 8 establishes the service requirement that catches many self-represented defendants off guard. Rule 4(a) requires you to serve a copy of your Answer on the plaintiff; that means sending a copy of your SCA-M225 by first-class mail or hand delivery. The court does not do this for you.

The Certificate of Service at the bottom of Form SCA-M225 is where you certify you completed this step.

Rule 5 (Counterclaims) — Permissive, Not Compulsory

Counterclaims in West Virginia Magistrate Court are permissive under W. Va. Code § 50-4-9. You can assert one on Form SCA-M225 at no cost, but you are not required to. If you choose not to counterclaim now, you can file a separate action later — your claim is not waived.

The plaintiff does not file a written reply to your counterclaim. It is automatically deemed denied and heard at the same trial.

Rule 10 — Default Judgment

If you fail to file a timely answer, Rule 10 allows the plaintiff to move for default judgment using Form SCA-M429. Once default is entered, the court is no longer required to send you notices about the case — except for pleadings asserting new claims.

Rule 11 — Trial Scheduling

After an answer is filed, the clerk places the case on the trial docket and mails written notice to all parties at least 21 days before the trial date. This notice goes by first-class mail.

Rule 12 — Continuances and Removal

If you need to reschedule the trial, a written motion showing good cause is required. The court must make reasonable efforts to notify all parties before granting a continuance.

Under W. Va. Code § 50-4-8, any party may remove a civil action involving $5,000 or more to Circuit Court before trial by paying the Circuit Court filing fee. Rule 12 requires the written motion to be filed and served at least 10 days before the first scheduled trial, unless good cause is shown to excuse that timing. For an action involving less than $5,000, all parties must agree to removal and pay the fee.

Rule 14 — Subpoenas

You can request subpoenas from the magistrate clerk to compel witnesses or the production of documents. Subpoenas are valid anywhere in West Virginia. Under W. Va. Code §§ 50-5-4 and 59-1-16, witness fees are set by the court at $10 to $20 per day, plus $0.15 per mile each way and necessary tolls. The fee and mileage must be tendered at service if demanded, unless an indigent-party waiver applies.

Rule 17 — Setting Aside a Default

If a default judgment was entered against you, Rule 17 gives you 20 calendar days from the judgment date to file a motion to set it aside. You must show excusable neglect or unavoidable cause. Filing the motion automatically stays collection activity until the court rules.

Rule 18 — Appeals

Any party dissatisfied with a final judgment can appeal to Circuit Court within 20 calendar days of the judgment. Bench trial appeals are heard de novo — the Circuit Court holds a completely new trial. Jury trial appeals are on the record.

Filing a timely notice of appeal stays execution of the magistrate judgment.

Rule 20 — Computing Time

Rule 20 sets the math for every deadline. Exclude the triggering day, count calendar days continuously, and roll to the next business day if the deadline falls on a weekend or holiday. The 3-day mailing extension under Rule 20(d) applies to notices received during ongoing litigation, not to the initial service of process.

The West Virginia Small Claims Response Guide translates these rules into practical checklists and worksheets so you can follow the procedures without parsing statutory language.

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