WEST VIRGINIA CODE
WVC 56-
CHAPTER 56. PLEADING AND PRACTICE.
WVC -9-
ARTICLE 9. REMOVAL OF CAUSES.
WVC 56-9-1
§56-9-1. Removal of causes generally; notice; motion.
A circuit court, or any court of limited jurisdiction
established pursuant to the provisions of section 1, article VIII
of the constitution of this state, wherein an action, suit, motion
or other civil proceeding is pending, or the judge thereof in
vacation, may on the motion of any party, after ten days' notice to
the adverse party or his attorney, and for good cause shown, order
such action, suit, motion or other civil proceeding to be removed,
if pending in a circuit court, to any other circuit court, and if
pending in any court of limited jurisdiction hereinbefore mentioned
to the circuit court of that county:
Provided, That the judge of
such other circuit court in a case of removal from one circuit to
another may decline to hear said cause, if, in his opinion, the
demands and requirements of his office render it improper or
inconvenient for him to do so.
WVC 56-9-2
§56-9-2. Removal where it is improper for judge to hear case.
If the judge of any circuit or other court mentioned in the
next preceding section, wherein an action, suit, motion or other
civil proceeding is pending, is so situated as to render it
improper, in his opinion, for him to decide such case or preside at
the trial thereof, such court or the judge thereof in vacation may,
without motion or notice, order the case to be removed to any court
to which it might be removed, on motion and notice, under the
preceding section:
Provided, That the judge of such other circuit
court may decline to hear said cause, if in his opinion, the
demands and requirements of his office render it improper or
inconvenient for him to do so.
WVC 56-9-3
§56-9-3. Transfer of papers; proceedings after removal; costs.
When any case is ordered to be removed under this article, the
clerk of the court, from which, shall transmit to the clerk of the
court, to which, it is removed, the original papers therein, with
copies of all rules and orders made, and a statement of the costs
incurred by each party therein; whereupon, the case shall be
proceeded in, heard and determined by the court to which it is
removed, as if it had been brought, and the previous proceedings
had, in such court. The costs attending such removal shall be
charged as may be thought just by the court, from which, or, if it
make no order on the subject, by the court to which, the case is
removed.
Note: WV Code updated with legislation passed through the 2012 1st Special Session