W.Va. Trial. Ct. R. 23.01
Evidence with respect to issues not triable of right by a jury should be heard by the court if practicable. If not practicable, any such issue may be heard by the court on depositions, or the evidence may be taken before a commissioner appointed by the court. A commissioner shall have power to rule upon the admissibility of evidence, with the further right at any time to obtain a summary ruling from the court, or from the judge thereof, upon any question relating thereto. A commissioner shall promptly make such report as the court may require as to such issues, and the court shall enter such judgment thereon as it may deem proper.
The evidence taken before the court on such issues shall, unless waived by the parties, be taken down by the official reporter of the court or, when there is reference to a commissioner, by such official reporter or by any other competent reporter agreed to by the parties in interest or designated by the commissioner, and the evidence or such part or parts thereof as may be required shall in all such cases be promptly transcribed by the reporter as provided for in respect to other matters; and like reporting charges for such actions shall be made, as in other actions, collected and accounted for.
The entire record as thus made up shall be available to any party on petition for appeal.
W.Va. Trial. Ct. R. 23.01