Rule 23 - Forfeiture of bond(a)Declaration. - If there is a breach of condition of a bond, the magistrate shall declare a forfeiture of the bail.(b)Setting Aside. - The magistrate may direct that a forfeiture be set aside or reduced, upon such conditions as the magistrate may impose, if it appears that justice does not require the enforcement of the forfeiture.(c)Enforcement. - When a forfeiture has not been set aside, the magistrate shall, upon motion and hearing, enter a judgment of default, and execution may issue thereon. By entering into a bond the obligors submit to the jurisdiction and venue of the magistrate and irrevocably appoint the clerk of the court as their agent upon whom any papers affecting their liability may be served. Their liability may be enforced on motion without the necessity of an independent action. The motion and notice of the motion, and the hearing thereon, shall comply with West Virginia Code § 62-1C-9.W. Va. R. Crim. Pro. Magist. Ct. 23
Adopted Effective 7/1/1988.