Motion And Affidavit-Disqualification Of Magistrate {SCA-M1026}

IN THE MAGISTRATE COURT OF COUNTY, WEST VIRGINIA v. Case No. MOTION and AFFIDAVIT: DISQUALIFICATION OF MAGISTRATE STATE OF WEST VI RGINIA COUNTY OF , TO WIT: This day appeared before me, and on oath or affirmation says: 1. I am (check one) plaintiff prosecutor defenda nt counsel for a party in the above - styled case. 2. Magistrate has been assigned to hear this case. 3. I hereby move that the above - named magistrate be disqualified from hearing this case and that the case b e transferred to another magistrate. 4. The specific facts and reasons supporting disqualification of the above - named magistrate are: 5. This case (check one) does does not involve an expedited proceeding (i.e., one requiring that a final hearing be held within 10 days of filing). 6. This motion is made in good faith. Affiant Signature (pe rson 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 attor neys 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 attor neys for all parties or, if such parties are not represented by attorneys, to the parties themselves on the day of , by hand by first - class mail to: Name and a ddress 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 Circuit Court file Magistrate Court file Party filing affidavit SCA-M1026-1 / 3-97 Page 1 of 2 Other party Docket Code(s): MGMDM American LegalNet, Inc. www.FormsWorkFlow.com 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 Circuit Court Magistrate Court SCA-M1026-2 / 3-97 Docket Code(s): MGMDM Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com