A magistrate may continue the holding of a trial or hearing as
provided in the supervisory rules of the supreme court of appeals.
In criminal proceedings when the defendant is in custody, the state
shall not have the right to a continuance but may be granted a
continuance for no more than five days if good cause is shown. In
criminal proceedings when the defendant is in custody, the
magistrate may continue the matter no more than once on his own
motion over the objection of the defendant and such continuance
over the objection of the defendant shall not be for more than two
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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