Rule 15.  Judicial economy and consolidation.

(a)  Transfer by magistrate to circuit court judge before whom the parties have a case pending. If the petitioner indicates that the parties to the protective order proceeding are also parties in a case pending before a circuit court judge in the same county, then the magistrate shall notice the final hearing before that circuit court judge.

(b)  Transfer by circuit court judge to another circuit court judge before whom the parties have a circuit court case pending.  If a circuit court judge learns that the parties to a protective order proceeding have a circuit court case pending before another circuit court judge, then the circuit court judge before whom the financial exploitation proceeding is pending shall transfer the case to the circuit court judge before whom the circuit court case is pending, if venue is proper.

(c)  Consolidation.  If a circuit court judge learns that the parties to a protective order proceeding have a second protective order proceeding pending before another circuit court judge, then the circuit court in which the first such action was commenced shall order both protective order proceedings transferred before it or any other circuit court in which another protective order proceeding is pending, if venue is proper. The court to which the actions are transferred may order a joint hearing of the matters in issue, and may make such other orders as may tend to avoid unnecessary cost or delay, provided, however, the court shall enter a separate order for each action.

(d)  Transfer from county to county.  When a financial exploitation case is transferred between counties, the financial exploitation case shall be closed in circuit court from the originating county and assigned a new circuit court case number in the county receiving the case. Upon holding the final hearing, the circuit court shall fax the order to the magistrate clerk’s office of the originating county and the clerk shall immediately fax a copy of the order to the Department pursuant to W. Va. Code §61-2-29B(e).


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