W.Va. Trial. Ct. R. 17.06

As amended through January 31, 2024
Rule 17.06 - Unavailability under W.Va. Code Section 51-2-1(a)
(a) The unavailability of the sitting judge in a single-judge circuit shall be a ground for invoking the concurrent jurisdiction of the Kanawha County Circuit Court only upon notification to and verification through the Supreme Court Administrative Office and affirmative referral by the Chief Justice.
(b) Upon verification of the unavailability of the sitting judge in a single-judge circuit, the Chief Justice shall forthwith, by order:
(1) Refer the requesting party and the needed proceeding to the Kanawha County Circuit Court; or
(2) Refer the requesting party and the needed proceeding to the different judge already assigned, if any, to the single-judge circuit involved; or
(3) Assign a different judge to the single-judge circuit involved to conduct the needed proceeding; or
(4) Direct that the requesting party await the return of the sitting judge in the single-judge circuit involved.
(c) The judges of the Kanawha County Circuit Court are prohibited from entertaining or acting on any matters pursuant to W. Va. Code § 51-2-1(a) without verification of referral by the Chief Justice.
(d) No motion for the disqualification of the sitting judge in a single-judge circuit shall be referred to the Kanawha County Circuit Court.
(e) Cases in which matters are referred to the Kanawha County Circuit Court pursuant to TCR 17.06(b)(1) remain cases of the original county of venue within the single-judge circuit involved, and the original county of venue is the proper initial forum for any subsequent proceedings in such cases.
(f) The clerk of the Kanawha County Circuit Court shall forthwith transmit to the circuit clerk of the original county of venue a certified or attested copy of every document filed or entered in matters referred to the Kanawha County Circuit Court pursuant to TCR 17.06(b)(1).

W.Va. Trial. Ct. R. 17.06