West Virginia Motion: to Transfer to Circuit Court is a legal procedure by which a civil or criminal case is transferred from a magistrate court to a circuit court. It is typically used when a more serious charge is considered or when the magistrate court lacks the jurisdiction to handle the case. There are two main types of West Virginia Motion: to Transfer to Circuit Court: a Motion to Transfer for Criminal Cases, and a Motion to Transfer for Civil Cases. A Motion to Transfer for Criminal Cases is a motion made by the defendant to transfer a criminal case to the circuit court for further proceedings. The motion must be supported by evidence and/or argument showing that the circuit court has jurisdiction to hear the case. The magistrate court will then consider the motion and issue a ruling either granting or denying the motion. A Motion to Transfer for Civil Cases is a motion made by either the plaintiff or defendant to transfer a civil case to the circuit court for further proceedings. The motion must be supported by evidence and/or argument showing that the circuit court has jurisdiction to hear the case. The magistrate court will then consider the motion and issue a ruling either granting or denying the motion.