Rule 6 - Magistrate court account(a) A magistrate court account shall be maintained by the magistrate court clerk. All collections by the magistrate court shall be deposited daily into this account.(b) The magistrate court clerk shall establish the magistrate court account as an interest-bearing checking account, unless written exemption is made by the Administrative Director. The interest, reduced by the amount of any service charges incurred as a result of establishing and maintaining the interest-bearing account, shall be remitted monthly to the state treasurer by the magistrate court clerk. Only the magistrate court clerk, the supervising circuit judge, and such court employees designated by order of the supervising circuit judge shall have withdrawal signature authority for the magistrate court account. The account shall be entitled "Magistrate Court of _____ County, WV, _____ , Magistrate Court Clerk."(c) One hour before the end of each shift, the magistrate assistant shall close out the daily activity report and prepare the corresponding deposit. Such deposit shall be made the same day in the bank account that the magistrate court clerk has designated for such use.(d) The magistrate assistant shall promptly forward a copy of the daily activity report, along with a copy of the deposit slip, a copy of each receipt issued when a collection was made, and all related legal documents that were prepared by the magistrate at the time a collection was made to the magistrate court clerk. This information shall be delivered to the magistrate court clerk's office by the magistrate, the magistrate assistant, or by certified mail.(e) Any funds accepted by the magistrate court for payment of judgment and costs to the prevailing party in a civil suit shall be deposited into the magistrate judicial account. The magistrate clerk shall promptly issue a check for such amount to the prevailing party, unless such payment has been made to the court by personal check, in which case the clerk shall not issue a check to the prevailing party for 2 weeks from deposit or until such personal check has been otherwise cleared.W.va. R. Admin. Magist. Ct. 6
As amended by order entered July 21, 1993, effective 9/1/1993.