Motion To Transfer To Circuit Court {SCA-M365NP}

SCA-M365NP: Motion to Transfer to Circuit Court Revision Date: 01/2006; Docket Code(s): MMMTC & (MGTCC | MGMDE)Page 1 of 1IN THE MAGISTRATE COURT OF COUNTY, WEST VIRGINIAState of West Virginiav. Case No. MOTION TO TRANSFER TO CIRCUIT COURT[State ex. rel. Burdette v. Scott, 259 S.E. 2d 626 (W.Va. 1979)]The defendant having been advised of his/her right to a trial in magistrate court, and the defendant having expressed his/her desire to waive the right to a magistrate court trial and instead wishing to have his/her misdemeanor case go directly to the circuit court for hearing and resolution, the defendant hereby moves that his/her case be heard in the circuit court rather than in magistrate court. Defendant / / Date Defense Counsel The State (initial one): does /does not object. / / Date Prosecutor/Assistant ORDER TO TRANSFER TO CIRCUIT COURTHaving considered the motion and any objection by the State (initial A or B): A. The court GRANTS the motion and ORDERS that the captioned case be tranferred from the Magistrate court of this County. It is further ordered that the Magistrate Clerk shall forward the above-styled matter to the Circuit Court of this County. B. The Court DENIES the motion and ORDERS that the captioned case remain in the Magistrate Court of this County for further proceedings according to law.ORDERED day of , 20 . Magistrate