RULE 19. SENTENCE
(a) Sentence shall be imposed in open court within 60 days of the finding of guilt.
(b) Except as to pleas of guilty or no contest pursuant to Rule 7(b), before imposing sentence the magistrate shall:
(1) Afford counsel an opportunity to speak on behalf of the defendant; and
(2) Address the defendant personally to ask if the defendant wishes to make a statement in the defendant's own behalf and to present any information in mitigation of punishment.
(c) The prosecuting attorney shall have an equivalent opportunity to speak to the court.

[Effective July 1, 1988; amended effective August 1, 1991; September 1, 1993.]


RULE 20. NEW TRIAL
(a) Within 20 days after a verdict or a finding of guilty, the defendant may file a motion requesting that the judgment be set aside and a new trial held.
(b) The clerk, deputy clerk or magistrate assistant shall notify all parties of the time, place and date set for hearing on the motion.
(c) If good cause is shown that a new trial is required in the interest of justice, the magistrate who entered the judgment or such magistrate's successor may set aside the judgment and order a new trial.
(d) If trial was by the magistrate without a jury, in lieu of a new trial, the magistrate may vacate the judgment, if entered, take additional testimony, and direct the entry of a new judgment.

[Effective July 1, 1988.]


RULE 20.1 APPEAL TO CIRCUIT COURT
(a) Except for persons represented by counsel at the time a guilty plea is entered, any person convicted of a misdemeanor in a magistrate court may appeal such conviction to the circuit court as a matter of right. Notice of appeal shall be filed in magistrate court:
(1) Within 20 days after the sentencing for such conviction; or
(2) Within 20 days after the magistrate has denied a motion for a new trial.
(b) The magistrate may require that bond be posted with good security conditioned upon the appearance of the defendant as required in circuit court. Such bond may not exceed the maximum amount of any fine which could be imposed for the offense.
(c) If no appeal is perfected within the appropriate 20-day period, the circuit court may, not later than 90 days after the date of sentencing, grant an appeal upon a showing of good cause why such appeal was not filed within the 20-day period.
(d) An appeal of a magistrate court criminal proceeding tried before a jury shall be heard on the record in circuit court. An appeal of a criminal proceeding tried before a magistrate without a jury shall be by trial de novo in circuit court without a jury.

[Adopted effective July 1, 1994.]


RULE 21. STAY OF EXECUTION
(a) The timely filing or granting of an appeal automatically stays the sentence of the magistrate.
(b) Upon request by the defendant, the execution of a criminal judgment shall be stayed to allow for the filing of a motion for a new trial or a petition for modification of sentence. Upon timely filing of such motion or petition, the execution of a criminal judgment shall be stayed until the same has been decided. In addition to granting the request of the defendant, the magistrate shall require the defendant to post or continue a sufficient bond to assure any required further appearance.

[Effective July 1, 1988; amended effective August 1, 1991; July 1, 1994.]


RULE 22. ENFORCEMENT OF JUDGMENTS
(a) Register of Unsatisfied Judgments. The clerk shall maintain a register of all cases in which a period of confinement, fine, costs, forfeiture, and/or restitution have been ordered but which, upon 3 months from judgment and the expiration of any stay of execution, have not been satisfied, or, in the case of a period of confinement, is not currently being satisfied. Such register shall include the case number; name of the defendant; address of defendant, if known; nature of the offense; date of sentencing; period of confinement; fine, penalty and costs imposed; forfeiture or restitution ordered; and period of time unserved or amount of fine, penalty, costs, forfeiture and restitution remaining unsatisfied.
(b) Notice of Unsatisfied Judgment. On a regular basis of at least once every month, the clerk shall:
(1) Provide the prosecuting attorney a copy of the register of unsatisfied judgments with abstracts of judgment for entries involving any criminal violation occurring after July 9, 1993, for which court-imposed assessments have not been paid in full;
(2) Provide the Division of Motor Vehicles a notice of all entries that have been added to the register since the previous notification regarding court- imposed assessments not paid in full for violations of Chapters 17, 17A, 17B, 17C and 17D of the West Virginia Code or such entries for any criminal violation occurring on or after July 9, 1993, with the exception of parking violations and other violations for which a citation may be issued to an unattended vehicle; and
(3) Provide to the Division of Natural Resources a notice of all hunting or fishing violation entries that have been added to the register since the previous notification for which court-imposed assessments have not been paid in full.

[Effective July 1, 1988; amended effective September 1, 1993.]


RULE 23. FORFEITURE OF BOND
(a) Declaration. If there is a breach of condition of a bond, the magistrate shall declare a forfeiture of the bail.
(b) Setting Aside. The magistrate may direct that a forfeiture be set aside or reduced, upon such conditions as the magistrate may impose, if it appears that justice does not require the enforcement of the forfeiture.
(c) Enforcement. When a forfeiture has not been set aside, the magistrate shall, upon motion and hearing, enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction and venue of the magistrate and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and notice of the motion, and the hearing thereon, shall comply with West Virginia Code §62-1C-9.
[Effective July 1, 1988.]


RULE 24. SEARCH AND SEIZURE
All matters regarding search and seizure shall be governed by the procedures set forth in Rule 41 of the Rules of Criminal Procedure for Circuit Courts.

[Effective July 1, 1988.]


RULE 25. PEACE BONDS
Applications for peace bonds shall be by complaint and shall be conducted in accordance with the procedures for criminal prosecutions as set forth in these rules.

[Effective July 1, 1988.]


RULE 26. TIME
(a) Computation. In computing any time limit set in accordance with these rules, set by the magistrate, or set by statute:
(1) The day of the act, event or default from which the designated period of time begins to run shall not be included.
(2) The last day of the time period shall be included, unless it is a Saturday, Sunday, or legal holiday.
(3) When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in computation.
(b) Extension. Except as provided in section (c), below, any time limit which has been set by these rules, by the magistrate, or by statute, may be extended in the following circumstances:
(1) If all parties to the case agree in writing to the extension;
(2) If the existing period has not expired, upon a showing of good cause;
(3) If the time period has expired, upon a showing of unavoidable cause.
Prior to ruling upon a request for an extension, the magistrate shall make a reasonable effort to notify all other parties and provide them with an opportunity to respond to the request.
(c) Extension Prohibited. Time periods for filing a motion to set aside judgment shall not be extended. Time periods for the payment of fines and costs, as authorized by W.Va. Code §50-3-2a, shall not be extended.
(d) Additional Time After Service by Mail. When a party has received a notice or some other paper by mail and in response must take some action within a specified period from the date of mailing, 3 days shall be added to such period.

[Effective July 1, 1988; amended effective August 1, 1991.]


RULE 27. HARMLESS ERROR; CORRECTION OF SENTENCE; CLERICAL MISTAKES
(a) Harmless Error. Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.
(b) Correction of Sentence. The magistrate who entered judgment, or such magistrate's successor, may correct an illegal sentence at any time.
(c) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the magistrate at any time and after such notice, if any, as the magistrate orders.

[Effective July 1, 1988.]