What are the rules and procedures of the Magistrates Court?

15 October 2010  Section 171 of the Constitution provides that all courts must function in terms of rules and procedures determined by national legislation.  The Magistrates’ Courts Act 32 of 1944 and the Magistrate Court Rules promulgated thereunder, prescribe the procedure, the time limits, and the forms to be used in the magistrates’ courts.

Can a Magistrates Court be referred to the High Court?

The court proceedings may however be referred to the High Court for review on three grounds, namely: absence of jurisdiction by the court; interest in the cause, bias, malice or corruption on the part of the commissioner and gross irregularity with regard to the proceedings. Small Claims Court can be contacted through Magistrates’ Courts.

Can a first class magistrate grant a remand?

In this remand application, the police request the court for remand for a certain period of time. Depending on the circumstances of the case, the court may grant remand as demanded by the police or deny it. A First-Class and Section 30 Magistrate can give an order of remand.

How to request a copy of a Magistrates Court decision?

To request a copy of the audio CD of the hearing there is a form to complete on the Magistrates Court website. The CD costs $55 per day that is recorded. Audio recordings are only available for 12 months from the date of hearing and the cost of transcribing the audio CD can be expensive.

Can a magistrate be assigned to another county?

If all magistrates in the county where the case is pending are recused or disqualified, and if this county is located within a multi-county circuit, the supervising chief judge shall assign a magistrate from another county within the circuit pursuant to West Virginia Code §50-1-13 (b).

How long does it take for a magistrate to assign a case?

The magistrate to whom the case is reassigned shall, within 5 days of receiving the case, set a new return date and notify all parties thereof. The magistrate court clerk shall assign to a recused magistrate another case to replace the case transferred as the result of a recusal.

When is a magistrate’s order for emergency protection issued?

A magistrate’s order for emergency protection (what most people call an “emergency protective order”) is issued by the criminal court after the abuser is arrested for committing family violence, sexual assault, sexual abuse, stalking, or trafficking. 1.

Can a magistrate judge refuse a discovery request?

discovery request is “not reasonably calculated to lead to admissible evidence” is an outdated type of objection, as that language no longer defines the scope of discovery in federal court. The current