Free MOTION AND AFFIDAVIT - DISQUALIFICATION OF MAGISTRATE (SCA-M1026) - West Virginia

IN THE MAGISTRATE COURT OF

COUNTY, WEST VIRGINIA

v.

Case No.

MOTION and AFFIDAVIT: DISQUALIFICATION OF MAGISTRATE STATE OF WEST VIRGINIA COUNTY OF This day 1. 2. 3. 4. I am (check one) Magistrate plaintiff prosecutor , TO WIT: appeared before me, and on oath or affirmation says: defendant counsel for a party in the above-styled case. has been assigned to hear this case.

I hereby move that the above-named magistrate be disqualified from hearing this case and that the case be transferred to another magistrate. The specific facts and reasons supporting disqualification of the above-named magistrate are:

5. 6.

This case (check one) does within 10 days of filing). This motion is made in good faith.

does not involve an expedited proceeding (i.e., one requiring that a final hearing be held

Affiant Signature (person filing the motion) Taken, subscribed and sworn or affirmed before me this day of

My commission expires on: Notary Signature NOTICE TO PARTY FILING MOTION: One copy of this request must be filed with the court and one copy must be mailed or delivered by hand to the attorneys for all other parties or to the parties themselves if they are not represented by attorneys. CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the above motion and affidavit on the day

attorneys for all parties or, if such parties are not represented by attorneys, to the parties themselves on the of , by hand by first-class mail to:

Name and address of attorneys or parties served:

Signature

Date

NOTICE TO PARTY RECEIVING MOTION: Contact the magistrate court to see whether the requested action has been granted or denied and whether a change has been made in the scheduled hearing date.

Mag. Ct. Admin. Rule 1B

SCA-M1026-1 / 3-97

Page 1 of 2

Circuit Court file Magistrate Court file Party filing affidavit Other party

Motion and Affidavit: Disqualification of Magistrate, Case No.

MAGISTRATE RESPONSE: Motion for Disqualification

As the magistrate assigned to the above-styled case, the undersigned hereby submits the following statement as to why there is or is not good cause for disqualification from presiding in this case:

Date

Magistrate Signature

Mag. Admin. Rule 1B SCA-M1026-2 / 3-97 Page 2 of 2

Circuit Court Magistrate Court