West Virginia Court Rules
West Virginia Court Rules
✓ current as of August 2026Full text of 895 rules across 14 sets, cross-linked with West Virginia case law.
W. Va. R. Minor Guardianship 17 rules
- Rule 1. Scope of Minor Guardianship Rules
- Rule 2. Jurisdiction, Venue and Parties
- Rule 3. Petition
- Rule 4. Notice of Hearing
- Rule 5. Service
- Rule 6. Nomination of Guardian by Minor
- Rule 7. Confidentiality
- Rule 8. Parental Consent to or Waiver of Guardianship Appointment
- Rule 9. Bond
- Rule 10. Guardianship Screening Factors
- Rule 11. Order of Appointment
- Rule 12. Guardian Ad Litem
- Rule 13. Cases Involving Allegations of Child Abuse and Neglect
- Rule 14. Proceedings Regarding a Minor's Estate
- Rule 15. Termination of Guardianship
- Rule 16. Appeals
- Rule 17. Reference to Fiduciary Commissioner or Supervisor
W. Va. Mag. Ct. Admin. R. 16 rules
- Rule 1. Hours of magistrate court
- Rule 1A. Conduct of proceedings; judicial day
- Rule 1B. Disqualification
- Rule 1C. Magistrate Assistant's Hours and Additional Duties
- Rule 2. Caseload assignment and distribution
- Rule 3. Bailiff
- Rule 4. Juries
- Rule 5. Witness fees
- Rule 6. Magistrate court account
- Rule 7. Manner of payment
- Rule 7A. Credit cards and debit cards
- Rule 8. Expenditures from magistrate court fund
- Rule 9. Cameras in courtrooms
- Rule 10. Appearance on behalf of corporations
- Rule 11. Copies
- Rule 12. Retention of records
W. Va. R. Abuse & Neglect 61 rules
- Rule 1. Scope of child abuse and neglect rules
- Rule 2. Purpose of child abuse and neglect rules; construction and enforcement
- Rule 3. Definitions
- Rule 3a. Pre-petition Investigations
- Rule 4. Transfer and consolidation
- Rule 4a. Venue
- Rule 5. Contemporaneous civil, criminal, and other proceedings
- Rule 6. Maintaining case on court docket
- Rule 6a. Confidentiality of Proceedings and Records; Access by Family Court
- Rule 7. Time Computation; extensions of time and continuances
- Rule 8. Testimony of children; inclusion of children in hearings and multidisciplinary treatment team meetings
- Rule 9. Use of closed circuit television testimony
- Rule 10. Discovery
- Rule 11. Motion to compel, limit, or deny discovery
- Rule 12. Judicial management of discovery
- Rule 13. Preservation of records and exhibits
- Rule 14. Telephone or video conferences
- Rule 15. Visitation
- Rule 16. Emergency custody
- Rule 16a. Required Entry of Support Orders
- Rule 17. Pleadings allowed, Form of motions and other papers
- Rule 18. Contents of petition
- Rule 18a. Appointments; responsibilities of guardian ad litem
- Rule 19. Amendments to petition
- Rule 20. Notice of first hearing
- Rule 21. Effect of personal service on only one parent
- Rule 22. Preliminary hearing
- Rule 23. Preadjudicatory improvement period; family case plan; status conference
- Rule 24. Adjudicatory prehearing conference
- Rule 25. Time of final adjudicatory hearing
- Rule 26. Stipulated adjudications, uncontested petitions, contents of written reports and admissions
- Rule 27. Findings; adjudication order
- Rule 28. Disposition report by Department – The Child's case plan; contents of the child's case plan
- Rule 29. Notice of the child's case plan
- Rule 30. Exchange of information before disposition hearing
- Rule 31. Notice of disposition hearing
- Rule 32. Time of disposition hearing
- Rule 33. Stipulated disposition, contents of stipulation, voluntariness
- Rule 34. Rulings on objections to the child's case plan
- Rule 35. Uncontested termination of parental rights and contested termination and contests to the case plan
- Rule 36. Findings; disposition order
- Rule 36a. Permanency hearing
- Rule 37. Improvement period; status conference
- Rule 38. Hearing after improvement period; final disposition
- Rule 39. Permanent placement review
- Rule 40. Permanent placement review reports
- Rule 41. Permanent placement review conference
- Rule 42. Findings at permanent placement review; order
- Rule 43. Time for permanent placement
- Rule 44. Foster care review
- Rule 45. Review following permanent placement; reporting permanent placement changes
- Rule 46. Modification or supplementation of court order; stipulations
- Rule 47. Status conference
- Rule 48. Separate hearing on issue of paternity
- Rule 49. Accelerated appeal for child abuse and neglect and termination of parental rights cases
- Rule 50. Stays on appeal
- Rule 51. Multidisciplinary treatment teams
- Rule 52. Court-appointed special advocate (CASA) representative
- Rule 53. Case status reporting
- Rule 54. Transitioning Adults
- Rule 55. Qualified Residential Treatment Programs
W. Va. R. Fin. Exploit. 26 rules
- Rule 1. Scope; conflicts
- Rule 2. Terminology
- Rule 3. Effective date
- Rule 4. Venue
- Rule 5. Fees
- Rule 6. Waiver of fees and costs for indigents
- Rule 8. Persons allowed to be present during hearing; unofficial recording of financial exploitation proceedings prohibited
- Rule 9. Filing of petitions and other pleadings
- Rule 10. Temporary Financial Exploitation Protective Order
- Rule 11. Answer
- Rule 12. Notice of circuit court final hearing
- Rule 13. Service
- Rule 13a. Order of Publication
- Rule 14. Filing and service by facsimile transmission
- Rule 15. Judicial economy and consolidation
- Rule 16. Continuances
- Rule 17. Amended pleadings
- Rule 18. Transfer of case file from magistrate to circuit court when emergency protective order granted
- Rule 19. Termination of emergency protective order
- Rule 20. Appeal of denial of emergency order
- Rule 21. Permanent Financial Exploitation Protective Order
- Rule 22. Appeal of circuit court order
- Rule 23. Disqualification of Circuit Court Judge
- Rule 25. Review Hearings
- Rule 26. Appointment of guardian ad litem
- Rule 27. Time Computation
W. Va. R. Dom. Viol. 38 rules
- Rule 1. Scope; conflicts
- Rule 2. Terminology
- Rule 3. Effective Date
- Rule 4. Fees
- Rule 5. Waiver of fees and costs for indigents
- Rule 6. Confidentiality of court records
- Rule 7. Persons allowed to be present during hearing; unofficial recording of domestic violence civil proceeding prohibited
- Rule 8. Filing of petitions and other pleadings
- Rule 9. Answer; Counterclaim by Respondent treated as a petition for protective order
- Rule 9a. Protective orders entered pursuant to a divorce action
- Rule 9b. Automatic extensions of protective orders
- Rule 9c. Family court order upon issuance of automatic extension
- Rule 10. Notice of family court final hearing
- Rule 10a. Protective orders and child custody
- Rule 10b. Protective orders and firearms
- Rule 11. Service
- Rule 11a. Order of publication
- Rule 12. Filing and service by facsimile transmission
- Rule 13. Judicial economy and consolidation
- Rule 14. Continuances
- Rule 15. Amended pleadings
- Rule 16. Transfer of case file from magistrate to circuit court when emergency protective order granted
- Rule 16a. Child Abuse and Neglect
- Rule 17. Termination of emergency protective order
- Rule 18. Appeal of denial of emergency order
- Rule 19. Appeal of family court order
- Rule 20. Disqualification of Family Court Judge
- Rule 21. Domestic violence national registry and the West Virginia domestic violence database
- Rule 22. Domestic violence support orders
- Rule 23. Testimony of children
- Rule 23a. Children and incapacitated family or household members as parties
- Rule 24. Domestic violence civil contempt bond
- Rule 24a. Compliance Hearings
- Rule 25. Concurrent jurisdiction
- Rule 25a. Child Protection Investigation
- Rule 26. Appointments of guardians ad litem
- Rule 27. Telephonic and video conference hearings
- Rule 28. Time Computation
W. Va. R. Crim. P. 69 rules
- Rule 1. Scope
- Rule 2. Purpose and constructions
- Rule 3. The complaint
- Rule 4. Arrest warrant or summons upon complaint
- Rule 5. Initial appearance before the magistrate; bail
- Rule 5.1. Preliminary examination
- Rule 6. The grand jury
- Rule 7. The indictment and the information
- Rule 8. Permissive and mandatory joinder of offenses and of defendants
- Rule 9. Warrant or summons upon indictment or information
- Rule 10. Arraignment
- Rule 11. Pleas
- Rule 12. Pleadings and motions before trial; defenses and objections
- Rule 12.1. Notice of Alibi
- Rule 12.2. Notice of insanity defense or expert testimony of defendant's mental condition
- Rule 13. Trial together of indictments or information
- Rule 14. Relief from prejudical joinder
- Rule 15. Depositions
- Rule 16. Discovery and inspection
- Rule 17. Subpoena
- Rule 17.1. Pretrial conference
- Rule 18. Place of prosecution and trial
- Rule 19. Transfer Within the County
- Rule 20. [Reserved]
- Rule 21. Transfer from the County of indictment for trial
- Rule 22. Time of motion to transfer
- Rule 23. Trial by jury or by the court
- Rule 24. Trial jurors
- Rule 25. Judge; disability
- Rule 26. Taking of testimony
- Rule 26.1. Determination of foreign law
- Rule 26.2. Production of statements of witnesses
- Rule 26.3. Mistrial
- Rule 27. Proof of official record
- Rule 28. Expert witnesses and interpreters
- Rule 29. Motion for judgement of acquittal
- Rule 29.1. Closing argument
- Rule 30. Instructions to jury; objections
- Rule 31. Verdict
- Rule 32. Sentence and judgement
- Rule 32.1. Revocation or modification of probation
- Rule 33. New trial
- Rule 34. Arrest of judgment
- Rule 35. Correction or reduction of sentence
- Rule 36. Clerical mistakes
- Rule 37. Taking appeal
- Rule 38. Stay of execution and relief pending review
- Rule 39. Reserved
- Rule 40. Offense arising in another county
- Rule 41. Search and seizure
- Rule 42. Criminal contempt
- Rule 43. Presence of the defendant
- Rule 44. Right to and assignment of counsel
- Rule 45. Time
- Rule 46. Release from custody
- Rule 47. Motions
- Rule 48. Dismissal
- Rule 49. Service and filing of papers
- Rule 50. Calendars
- Rule 51. Exceptions unnecessary
- Rule 52. Harmless error and plain error
- Rule 53. Regulation of conduct in the courtroom
- Rule 54. Application and exception
- Rule 55. Records
- Rule 56. Courts and clerks
- Rule 57. Rules of court
- Rule 58. Forms
- Rule 59. Effective date
- Rule 60. Title
W. Va. R. Crim. P. Mag. Ct. 35 rules
- Rule 1. Scope
- Rule 2. Purpose and Construction
- Rule 3. Complaint
- Rule 4. Arrest warrant or summons upon complaint
- Rule 5. Initial appearance before the magistrate; bail
- Rule 5.1. Preliminary Examination
- Rule 5.2. Offense arising in another county
- Rule 5.3. Failure to appear upon a summons
- Rule 6. Amendment of complaint, warrant, and summons; harmless error
- Rule 7. Citation for traffic and natural resources offenses
- Rule 8. Citation for other offenses
- Rule 9. Plea proceedings
- Rule 10. Pleas
- Rule 11. Notice of trial
- Rule 12. Pretrial motions
- Rule 13. Service and filing of papers
- Rule 14. Discovery and inspection; bill of particulars
- Rule 15. Subpoena
- Rule 16. Dismissal
- Rule 16A. Joinder and relief from prejudicial joinder
- Rule 17. Trial
- Rule 18. Verdict
- Rule 19. Sentence
- Rule 20. New trial
- Rule 20.1. Appeal to circuit court
- Rule 21. Stay of execution
- Rule 22. Enforcement of judgments
- Rule 23. Forfeiture of bond
- Rule 24. Search and seizure
- Rule 25. Peace bonds
- Rule 26. Time
- Rule 27. Harmless error; correction of sentence; clerical mistakes
- Rule 28. Revocation or modification of probation or alternative sentence
- Rule 29. Discovery in misdemeanor actions
- Rule 30. Discovery form
W. Va. R. Fam. Ct. 62 rules
- Rule 1. Scope; conflicts
- Rule 2. Terminology
- Rule 3. Effective date
- Rule 4. Security
- Rule 5. Records; transcripts; fees; costs; forms
- Rule 6. Court files; confidentiality; access; proceedings
- Rule 7. Exhibits
- Rule 8. Unofficial recording of proceedings
- Rule 9. Commencement of actions
- Rule 10. Pleadings
- Rule 11. Signing of pleadings, motions and other papers; representations to court; sanctions
- Rule 12. Discovery
- Rule 13. Financial disclosure
- Rule 14. Temporary relief motions
- Rule 15. Temporary support orders
- Rule 16. Presentation of evidence by proffer
- Rule 17. Testimony of children
- Rule 18. Telephonic and videoconference hearings
- Rule 19. Continuances, scheduling conflicts and consolidation
- Rule 20. Presentation of evidence by proffer; limitation
- Rule 21. Contempt, modification and final hearings
- Rule 22. Orders; general provisions
- Rule 23. Retroactivity of child support and spousal support orders
- Rule 24. Scheduling orders
- Rule 25. Motion for reconsideration of family court order
- Rule 26. Waiver of appeal to intermediate court of appeals
- Rule 27. Stay of proceedings pending appeal
- Rule 28. Appeal to intermediate court of appeals
- Rule 29. Insufficient record for appeal [Abrogated]
- Rule 30. Motions to Dismiss the Appeal [Abrogated]
- Rule 31. Granting or refusing the appeal [Abrogated]
- Rule 32. Extensions of time [Abrogated]
- Rule 33. Oral argument [Abrogated]
- Rule 34. Final decisions [Abrogated]
- Rule 35. Remand to family court judge [Abrogated]
- Rule 36. Motions [Abrogated]
- Rule 37. Parent education; course content; mandatory attendance; information reporting
- Rule 37a. Advanced Child-focused Parent Education
- Rule 38. Mediator panels; training and qualifications; information reporting
- Rule 39. Premediation screening
- Rule 40. Procedure following receipt of abbreviated premediation screening report
- Rule 41. Mediation fees
- Rule 42. Procedure for mediator disqualification
- Rule 43. Mediation procedures
- Rule 44. Court's consideration of mediated agreement
- Rule 45. Prohibition of dual relationships in mediation and parent education
- Rule 46. Immunity
- Rule 47. Guardians ad litem for children
- Rule 48. Child Abuse and Neglect
- Rule 48a. Infant guardianship proceedings
- Rule 49. Paternity
- Rule 50. Petitions for modification
- Rule 51. Expedited modification of child support
- Rule 52. Relocation of a parent
- Rule 53. Bifurcation
- Rule 54. Authority to accept waivers
- Rule 55. Agreements
- Rule 56. Interpreters
- Rule 57. Withdrawal and substitution of counsel
- Rule 58. Motions to Disqualify
- Rule 59. Compliance with Time Standards
- Rule 60. Peer Review Board
W. Va. R. App. P. 45 rules
- Rule 1. Scope of rules; jurisdiction; terms of court
- Rule 2. Suspension of rules
- Rule 3. Attorneys
- Rule 4. Self-represented parties
- Rule 5. Appeals from circuit courts, administrative agencies, the Health Care Authority, and the Intermediate Court of Appeals
- Rule 6. Record on appeal
- Rule 7. Appendix record
- Rule 8. Alternative method—designated record
- Rule 9. Transcripts
- Rule 10. Briefs
- Rule 11. Abuse & neglect appeals
- Rule 12. Workers' compensation appeals
- Rule 13. Family court appeals
- Rule 14. Public service commission appeals
- Rule 15. Human rights commission appeals
- Rule 16. Original Jurisdiction
- Rule 17. Certified questions
- Rule 18. Argument calendar
- Rule 19. Oral argument
- Rule 20. Oral argument
- Rule 21. Memorandum decisions
- Rule 22. Opinions of the court
- Rule 23. Interest on judgments
- Rule 24. Filing fees; costs
- Rule 25. Petition for rehearing
- Rule 26. Issuance of mandate; stay of mandate
- Rule 27. Dismissal
- Rule 28. Stays
- Rule 29. Motions, expedited relief
- Rule 30. Amicus curiae
- Rule 31. Motions to dismiss the appeal
- Rule 32. Intervention
- Rule 33A. Disqualification of a Justice of the Supreme Court of Appeals
- Rule 33B. Disqualification of a Judge of the Intermediate Court of Appeals
- Rule 34. Bail
- Rule 35. Docketing and filing in disciplinary cases
- Rule 36. Consideration and disposition of disciplinary cases
- Rule 37. Service of documents
- Rule 38. General rule on form and filing of documents
- Rule 38A. General rule on electronic filing and service of documents
- Rule 38B. General rule on electronic filing and service of documents
- Rule 39. Computation and extension of time
- Rule 40. Public access to case records and confidentiality
- Rule 41. Substitution of parties
- Rule 42. Media access
W. Va. R. Civ. P. 92 rules
- Rule 1. Scope and purpose
- Rule 2. One form of action
- Rule 3. Commencing an action
- Rule 4. Summons
- Rule 6. Computing and extending time
- Rule 7. Pleadings allowed; form of motions and other documents
- Rule 8. General rules of pleading
- Rule 9. Pleading special matters
- Rule 10. Form of pleadings
- Rule 11. Signing of pleadings, motions and other documents; representations to court; sanctions
- Rule 12. Defenses and objections: When and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing
- Rule 13. Counterclaim and crossclaim
- Rule 14. Third-party practice
- Rule 15. Amended and supplemental pleadings
- Rule 16. Pretrial conference; scheduling; management
- Rule 17. Plaintiff and defendant; capacity; public officers
- Rule 18. Joinder of claims
- Rule 19. Required joinder of parties
- Rule 20. Permissive joinder of parties
- Rule 21. Misjoinder and nonjoinder of parties
- Rule 22. Interpleader
- Rule 23. Class actions
- Rule 23.1. Derivative actions
- Rule 23.2. Actions relating to unincorporated associations
- Rule 24. Intervention
- Rule 25. Substitution of parties
- Rule 26. Duty to disclose; general provisions governing discovery
- Rule 27. Depositions to perpetuate testimony
- Rule 28. Persons before whom deposition may be taken
- Rule 29. Stipulations about discovery procedure
- Rule 30. Depositions by oral examination
- Rule 31. Depositions by written questions
- Rule 32. Using depositions in court proceedings
- Rule 33. Interrogatories to parties
- Rule 34. Producing documents, electronically stored information and tangible things, or entering onto land for inspection and other purposes
- Rule 35. Physical and mental examinations
- Rule 36. Requests for admission
- Rule 37. Failure to make disclosures or to cooperate in discovery; sanctions
- Rule 38. Jury trial of right
- Rule 39. Trial by jury or by the court
- Rule 40. Scheduling cases for trial
- Rule 41. Dismissal of actions or claims
- Rule 42. Consolidation; separate trials
- Rule 43. Taking testimony
- Rule 44. Proving an official record
- Rule 44.1. Determination of foreign law
- Rule 45. Subpoena
- Rule 46. Objecting to a ruling or order
- Rule 47. Selecting jurors
- Rule 48. Juries; verdict; polling
- Rule 49. Special verdicts; general verdict and questions
- Rule 50. Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings
- Rule 51. Instructions to the jury; objections; preserving a claim of error
- Rule 52. Findings and conclusions by the court; judgment on partial findings
- Rule 53. Commissioners; discovery commissioners
- Rule 54. Judgments; costs
- Rule 55. Default
- Rule 56. Summary judgment
- Rule 57. Declaratory judgments
- Rule 58. Entry of judgments
- Rule 59. New trials; amendment of judgments
- Rule 60. Relief from judgment or order
- Rule 61. Harmless error
- Rule 62. Stay of proceedings to enforce a judgment
- Rule 63. Judge’s inability to proceed
- Rule 64. Seizure of person or property
- Rule 65. Injunctions and restraining orders
- Rule 65.1. Security; Proceedings against sureties
- Rule 66. Receivers
- Rule 67. Deposit in court
- Rule 68. Offer of judgment; payment into court
- Rule 69. Executions and other final process; proceedings in aid thereof
- Rule 70. Judgment for specific acts; vesting title
- Rule 71. Enforcing relief for or against a nonparty
- Rule 71.1. Eminent domain
- Rule 71.2. Extraordinary writs in circuit court
- Rule 72. Appeals
- Rule 73. [Abrogated-See Rules of Appellate Procedure]
- Rule 74. [Reserved]
- Rule 75. [Reserved]
- Rule 76. [Reserved]
- Rule 77. Court and proceedings; clerk’s authority; notice of an order or judgment; indigents
- Rule 78. Motion day; hearings; submission on briefs
- Rule 79. Records kept by the clerk
- Rule 80. Transcript or statement of evidence made part of record
- Rule 81. Applicability of the rules in general
- Rule 82. Jurisdiction and venue unaffected
- Rule 83. Local rules
- Rule 84. Forms
- Rule 85. Title
- Rule 86. Effective date
- Rule 87. [Abrogated]
W. Va. R. Civ. P. Mag. Ct. 26 rules
- Rule 1. Application of rules
- Rule 2. Complaint
- Rule 3. Service of process
- Rule 4. Answer
- Rule 5. Counterclaim and cross-claim
- Rule 6. Third-party complaint
- Rule 6A. Election of jury trial
- Rule 7. Amended and supplemental pleadings
- Rule 8. Service of pleadings, motions and other papers
- Rule 9. Filing of pleadings, motions and other papers
- Rule 10. Default judgment
- Rule 11. Notice of trial and pretrial hearings
- Rule 12. Pretrial motions
- Rule 13. Discovery
- Rule 14. Subpoenas
- Rule 15. Dismissal
- Rule 15A. Consolidation and separate trials
- Rule 16. Trial
- Rule 17. Setting aside judgment
- Rule 18. Appeal to circuit court
- Rule 18A. Stay of execution of judgment
- Rule 19. Harmless error
- Rule 20. Time
- Rule 21. Clerical mistakes
- Rule 22. Waiver of fees and costs for indigents
- Rule 23. Family violence contempt bond
W. Va. R. Juv. P. 51 rules
- Rule 1. Scope, Application and General Purpose
- Rule 2. Terminology
- Rule 3. Juvenile Jurisdiction
- Rule 4. Venue
- Rule 5. Appointment of Counsel
- Rule 6. Taking a Juvenile into Custody
- Rule 7. Informing Juvenile of Charges and Rights
- Rule 8. Petitions
- Rule 9. Service
- Rule 10. Attendance at Hearings and Confidentiality
- Rule 11. Release Under Bond Conditions for Delinquency and Status Offenses
- Rule 12. Detention and Alternative Placements in Delinquency Cases
- Rule 13. Pre-Adjudicatory Detention Factors for Delinquency Offenses
- Rule 14. Pre-Adjudicatory Placement Factors for Status Offenses
- Rule 15. Domestic Violence Emergency Protective Orders as Juvenile Petitions
- Rule 16. Review of Detention
- Rule 17. Admission at Initial Appearances
- Rule 18. Preliminary Hearings
- Rule 19. Pre-Adjudicatory Community Supervision Periods
- Rule 20. Transfer to Criminal Jurisdiction
- Rule 21. Discovery
- Rule 22. Subpoenas
- Rule 23. Severance
- Rule 24. Pre-Adjudication Motions
- Rule 25. Pre-Adjudication Conferences
- Rule 26. Juvenile Competency Proceedings for Delinquency Cases
- Rule 27. Commencement of Adjudications
- Rule 28. Adjudication by Admission
- Rule 29. Jury at Adjudication
- Rule 30. Contested Adjudicatory Hearing
- Rule 31. Evidence
- Rule 32. Standard of Proof
- Rule 33. Adjudication Findings
- Rule 34. Dispositional Hearing
- Rule 35. Multidisciplinary Treatment Teams
- Rule 36. Recommendations of the Multidisciplinary Treatment Team
- Rule 37. Case Plan
- Rule 38. Disposition – Status Offenses
- Rule 39. Delinquency Disposition
- Rule 40. Investigations and Evaluations
- Rule 41. Mental Health Disposition
- Rule 42. Permanency Hearings
- Rule 43. Judicial Review
- Rule 44. Termination of Parental Rights
- Rule 45. After-Care Planning
- Rule 46. After-Care Review
- Rule 47. Probation Violations
- Rule 48. Search Warrants
- Rule 49. Confidentiality of Juvenile Records
- Rule 50. Sealing Juvenile Records
- Rule 51. Development of Life Skills Curriculum and Transitional Plan
W. Va. Tr. Ct. R. 297 rules
- Rule 1. Effect of Local Rules on General Practice; Definitions
- Rule 1.01. Matters of Statewide Concern
- Rule 1.02. Repeal of Local Rules
- Rule 1.03. Authority to Enact Local Rules on Matters Which Are Strictly Local
- Rule 1.04. Definitions
- Rule 2. Terms of Court
- Rule 2.01. First Circuit
- Rule 2.02. Second Circuit
- Rule 2.03. Third Circuit
- Rule 2.04. Fourth Circuit
- Rule 2.05. Fifth Circuit
- Rule 2.06. Sixth Circuit
- Rule 2.07. Seventh Circuit
- Rule 2.08. Eighth Circuit
- Rule 2.09. Ninth Circuit
- Rule 2.10. Tenth Circuit
- Rule 2.11. Eleventh Circuit
- Rule 2.12. Twelfth Circuit
- Rule 2.13. Thirteenth Circuit
- Rule 2.14. Fourteenth Circuit
- Rule 2.15. Fifteenth Circuit
- Rule 2.16. Sixteenth Circuit
- Rule 2.17. Seventeenth Circuit
- Rule 2.18. Eighteenth Circuit
- Rule 2.19. Nineteenth Circuit
- Rule 2.20. Twentieth Circuit
- Rule 2.21. Twenty-First Circuit
- Rule 2.22. Twenty-Second Circuit
- Rule 2.23. Twenty-Third Circuit
- Rule 2.24. Twenty-Fourth Circuit
- Rule 2.25. Twenty-Fifth Circuit
- Rule 2.26. Twenty-Sixth Circuit
- Rule 2.27. Twenty-Seventh Circuit
- Rule 2.28. Twenty-Eighth Circuit
- Rule 2.29. Twenty-Ninth Circuit
- Rule 2.30. Thirtieth Circuit
- Rule 3. Court Sessions
- Rule 3.01. Generally
- Rule 3.02. Opening Court
- Rule 3.03. Court Security
- Rule 4. Counsel
- Rule 4.01. Admission to Practice Before the Courts
- Rule 4.02. Visiting Attorneys; Pro Hac Vice Admission
- Rule 4.03. Representation of Parties and Pro Se Appearances; Withdrawal
- Rule 4.04. Substitution of Counsel by Stipulation
- Rule 4.05. Legal Assistance by Law Students
- Rule 4.06. Bias and Prejudice
- Rule 4.07. Attire for Court Appearances
- Rule 4.08. Addressing the Court; Examination of Witnesses
- Rule 4.09. Contact with Jurors
- Rule 4.10. Ex Parte Presentations; Duty to Court
- Rule 5. Scheduling Conflicts
- Rule 5.01. Purpose
- Rule 5.02. General Priorities
- Rule 5.03. Additional Factors
- Rule 5.04. Notice of Conflict
- Rule 5.05. Resolution of Conflict
- Rule 6. Motions Practice, General
- Rule 6.01. Form of Memoranda, Motions, and Other Papers
- Rule 6.02. Citation Form
- Rule 6.03. Copies of Memoranda
- Rule 6.04. Copies of Cases and Statutes. [ABROGATED]
- Rule 7. Juries
- Rule 7.01. Master List
- Rule 7.02. Jury Wheel or Jury Box
- Rule 7.03. Jury Panels and Pools
- Rule 7.04. Magistrate Court Juries
- Rule 8. Cameras, Audio Equipment, and Media in the Courtroom
- Rule 8.01. Permission of the Court Required
- Rule 8.02. Procedure to Obtain Permission
- Rule 8.03. Termination of Coverage
- Rule 8.04. Scope of Coverage
- Rule 8.05. Nonjudicial Meetings
- Rule 8.06. Equipment and Personnel
- Rule 8.07. Location of Equipment
- Rule 8.08. Pooling Arrangements
- Rule 8.09. Admissibility in Evidence
- Rule 8.10. Prior Approval to Identify or Show Jurors
- Rule 9. Custody and Disposition of Exhibits
- Rule 9.01. Generally
- Rule 10. Filing and Removal of Papers; Limitation of Access to Court Files
- Rule 10.01. Filing of Papers
- Rule 10.02. Removal of Papers and Files from Custody of Clerk
- Rule 10.03. Limitation of Access to Court Files
- Rule 10.04. Access to Court Files and Other Court Records under the Freedom of Information Act
- Rule 11. Caption and Format of Orders
- Rule 11.01. Captions
- Rule 11.02. Format
- Rule 12. Filing and Service by Facsimile Transmission
- Rule 12.01. Applicability
- Rule 12.02. Definitions
- Rule 12.03. General Provisions
- Rule 12.04. Filing and Service of Documents in Civil Actions by Facsimile Transmission
- Rule 12.05. Facsimile Transmission of Domestic Violence Petitions and Protective Orders
- Rule 12.06. Facsimile Transactions in Criminal Matters
- Rule 13. Court Library
- Rule 13.01. Generally
- Rule 14. Videoconferencing
- Rule 14.01. General Provisions
- Rule 14.02. Civil Proceedings in Circuit Courts
- Rule 14.03. Criminal Proceedings in Circuit Courts
- Rule 14.04. Proceedings in Magistrate Court
- Rule 14.05. Mental Hygiene Proceedings
- Rule 15. Electronic Filing and Service
- Rule 15.01. Application
- Rule 15.02. General Provisions
- Rule 15.03. Authorization and Signature
- Rule 15.04. Filing and Service
- Rule 15.05. Orders and Civil Docket
- Rule 15.06. Waiver of E-filing and Service Requirements
- Rule 15.07. Public Access
- Rule 15.08. Case Management Order
- Rule 15.09. Registration and Fees
- Rule 15.10. Form of documents electronically filed
- Rule 15.11. Time of electronic filing and service
- Rule 15.12. Filing of sealed documents
- Rule 15.13. System or participant errors
- Rule 15.14. Obligation of participants to maintain proper delivery information
- Rule 15A. Electronic Filing and Service of Circuit Court and Family Court Actions (excluding Mass Litigation)
- Rule 15A.01. Application
- Rule 15A.02. Definitions
- Rule 15A.03. Purpose
- Rule 15A.04. Filing of Actions
- Rule 15A.05. Integration with Other Rules
- Rule 15A.06. Becoming a User; Credentials; Payment of Filing Fees
- Rule 15A.07. User Responsibility to Maintain Accurate Information
- Rule 15A.08. User Responsibility for Security
- Rule 15A.09. User Responsibility for Compliance with Rules
- Rule 15A.10. User of Credentials by Others
- Rule 15A.11. Signatures
- Rule 15A.12. Authenticity
- Rule 15A.13. Preservation of Originals
- Rule 15A.14. Form of Document
- Rule 15A.15. Title and Description of Document
- Rule 15A.16. E-Filing Receipts; Effect of E-Filing; Date and Time of E-Filing
- Rule 15A.17. Complaint and Summons
- Rule 15A.18. Electronic Service
- Rule 15A.19. Certificates of Service
- Rule 15A.20. Exceptions to Electronic Service
- Rule 15A.21. Service to Parties who are not User of the E-Filing System
- Rule 15A.22. Unavailability of E-Filing System
- Rule 15A.23. Filing of Sealed Documents
- Rule 15A.24. Private Information
- Rule 15A.25. Entry of Order and Judgements; Notice thereof
- Rule 15A.26. Public Access to Court Records
- Rule 16. Time Standards
- Rule 16.01. Purpose
- Rule 16.02. Implementation
- Rule 16.03. Definitions
- Rule 16.04. Time Standards for Criminal Cases
- Rule 16.05. Time Standards for Civil Cases
- Rule 16.06. Domestic Relations Proceedings
- Rule 16.07. Juvenile Delinquency Proceedings
- Rule 16.08. Abuse and Neglect Proceedings
- Rule 16.09. Mental Hygiene Proceedings
- Rule 16.10. Guardianship and Conservatorship Proceedings
- Rule 16.11. Petitions and Appeals
- Rule 16.12. Extraordinary, Declaratory Judgment, and Equitable Proceedings
- Rule 16.13. Duties of Court Officers
- Rule 17. Disqualification and Temporary Assignment of Judges
- Rule 17.01. Motions for Disqualification
- Rule 17.02. Voluntary Recusal by a Judge
- Rule 17.03. Assignment of Special Judge
- Rule 17.04. Time
- Rule 17.05. Challenge to Disqualification Rulings
- Rule 17.06. Unavailability under W. Va. Code § 51-2-1(c) (Supp. 2024)
- Rule 17.07. Sanctions
- Rule 18. Recorded Interviews of Children
- Rule 18.01. Application Generally
- Rule 18.02. Definitions
- Rule 18.03. Access and Use
- Rule 18.04. Production by Non-Parties
- Rule 19. 19. RESERVED.
- Rule 20. Extension of Answer Date
- Rule 20.01. Generally
- Rule 21. Guardians Ad Litem
- Rule 21.01. Application Generally
- Rule 21.02. Appointments Generally
- Rule 21.03. Duties Generally
- Rule 21.04. Definitions
- Rule 21.05. Eligibility for Payment of Guardian Ad Litem
- Rule 21.06. Compensation for Guardians Ad Litem
- Rule 22. Motions Practice, Civil
- Rule 22.01. Motions, Responses, and Supporting Memoranda
- Rule 22.02. Motions to Dismiss
- Rule 22.03. Hearings on Motions
- Rule 22.04. Action on Motions
- Rule 22.05. Effect of Failure to Appear at Oral Argument or Hearing
- Rule 23. Trial, Civil
- Rule 23.01. Non-Jury Matters
- Rule 23.02. Cases to be Tried by a Jury : Proposed Jury Instructions; Proposed Verdict Form
- Rule 23.03. Voir Dire
- Rule 23.04. Opening Statements and Closing Arguments
- Rule 23.05. Stipulations
- Rule 24. Preparation and Submission of Orders
- Rule 24.01. Generally
- Rule 25. Mediation
- Rule 25.01. Scope
- Rule 25.02. Mediation Defined
- Rule 25.03. Selection of Cases for Mediation
- Rule 25.04. Listing of Mediators
- Rule 25.05. Selection of Mediator
- Rule 25.06. Compensation of Mediator
- Rule 25.07. Mediator Disqualification
- Rule 25.08. Provision of Preliminary Information to the Mediator
- Rule 25.09. Time Frames for Conduct of Mediation
- Rule 25.10. Appearances; Sanctions
- Rule 25.11. Participation
- Rule 25.12. Confidentiality of Mediation Process
- Rule 25.13. Immunity
- Rule 25.14. Enforceability of Settlement Agreement
- Rule 25.15. Report of Mediator
- Rule 25.16. Statistical Information
- Rule 26. Mass Litigation
- Rule 26.01. Mass Litigation - Preamble
- Rule 26.02. Mass Litigation Panel
- Rule 26.03. Application
- Rule 26.04. Definitions
- Rule 26.05. Panel Duties
- Rule 26.06. Motion to Refer Actions as Mass Litigation
- Rule 26.07. Assignment of Presiding Judge in Mass Litigation
- Rule 26.08. Powers of Presiding Judge
- Rule 26.09. Motion to Join in Existing Mass Litigation
- Rule 26.10. Class Actions
- Rule 26.11. Official Reporter
- Rule 26.12. Scope; Conflicts
- Rule 27. Public Funding for Expert Assistance in Child Abuse or Neglect Cases
- Rule 27.01. Motion and Appointment
- Rule 27.02. Compensation of Experts
- Rule 28. Reasonable Efforts and Contrary to the Welfare Findings in Juvenile Cases
- Rule 29. Business Court Divisions
- Rule 29.01. Business Court Division - Preamble
- Rule 29.02. Business Court Division
- Rule 29.03. Application
- Rule 29.04. Definitions
- Rule 29.05. Division Duties
- Rule 29.06. Motion to Refer Actions as Business Litigation
- Rule 29.07. Assignment of Presiding and Resolution Judge in Business Litigation
- Rule 29.08. Powers and Duties of Presiding and Resolution Judges
- Rule 29.09. Scope; Conflicts
- Rule 30. Conditions of Release
- Rule 30.01. Hearing on Motion for Reconsideration of Conditions of Release
- Rule 30.02. Scheduling of Hearings
- Rule 30.03. Effect of Having Been Released Previous to Indictment
- Rule 31. Bonding Agents and Bail Bonds
- Rule 31.01. Generally
- Rule 32. Discovery and Inspection in the Circuit Courts
- Rule 32.01. Generally
- Rule 32.02. Mandatory Discovery
- Rule 32.03. Discovery Conference
- Rule 32.04. Items Not Subject to Disclosure
- Rule 32.05. Continuing Duty to Disclose
- Rule 32.06. Regulation of Discovery
- Rule 32.07. Statement of Witnesses
- Rule 32.08. Exchange of Exhibit Lists
- Rule 32.09. Additional Motions for Discovery
- Rule 33. Articles of Evidence
- Rule 33.01. State's Evidence
- Rule 34. Depositions
- Rule 34.01. Authorization for Depositions
- Rule 34.02. Incarcerated Defendants
- Rule 35. Public Funding for Expert Assistance
- Rule 35.01. Motion
- Rule 35.02. Service of Motion
- Rule 35.03. Ex Parte Motion
- Rule 35.04. Judicial Determination of Whether to Proceed Ex Parte
- Rule 35.05. Compensation of Experts
- Rule 36. Motions Practice, Criminal
- Rule 36.01. Motions, Responses, and Supporting Memoranda
- Rule 36.02. Motions for an Extension of Time
- Rule 36.03. Time for Filing Motions
- Rule 36.04. Time for Filing Response and Replies
- Rule 36.05. Limitation on Memoranda
- Rule 37. Speedy Trial
- Rule 37.01. Authority
- Rule 37.02. Motion for Speedy Trial
- Rule 38. Continuances
- Rule 38.01. Procedure for Obtaining Continuance
- Rule 39. Guardians Ad Litem
- Rule 39.01. Appointment
- Rule 39.02. Duties
- Rule 39.03. Compensation
- Rule 40. Pretrial Conference
- Rule 40.01. Authority
- Rule 40.02. Purpose
- Rule 40.03. Attendance and Participation at the Pretrial Conference
- Rule 41.01. Notice of Change of Plea Hearing
- Rule 42. Trial, Criminal
- Rule 42.01. Presentation of Statement of Facts and Potential Witnesses
- Rule 42.02. Presentation of Jury Instructions
- Rule 42.03. Voir Dire
- Rule 42.04. Opening Statements and Closing Arguments
- Rule 42.05. Stipulations
- Rule 43.01. Investigation, Report, and Objections
- Rule 43.02. Disclosure
- Rule 44. Petition for Disclosure of Presentence or Probation Records
- Rule 44.01. Generally
W. Va. R. Evid. 60 rules
- Rule 101. Scope; Definitions
- Rule 102. Purpose
- Rule 103. Rulings on Evidence
- Rule 104. Preliminary Questions
- Rule 201. Judicial Notice of Adjudicative Facts
- Rule 202. Judicial Notice of Law
- Rule 301. Presumptions in Civil Cases Generally
- Rule 401. Test for Relevant Evidence
- Rule 402. General Admissibility of Relevant Evidence
- Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
- Rule 404. Character Evidence; Crimes or Other Acts
- Rule 405. Methods of Proving Character
- Rule 406. Habit; Routine Practice
- Rule 407. Subsequent Remedial Measures
- Rule 408. Compromise Offers and Negotiations
- Rule 409. Offers to Pay Medical and Similar Expenses
- Rule 410. Pleas, Plea Discussions, and Related Statements
- Rule 411. Liability Insurance
- Rule 412. Sex-Offense Cases: the Victim's Sexual Behavior or Predisposition
- Rule 501. Privilege in General
- Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
- Rule 601. Competency to Testify in General
- Rule 602. Need for Personal Knowledge
- Rule 603. Oath or Affirmation to Testify Truthfully
- Rule 604. Interpreter
- Rule 606. Juror's Competency as a Witness
- Rule 607. Who May Impeach a Witness
- Rule 608. A Witness's Character for Truthfulness or Untruthfulness
- Rule 609. Impeachment by Evidence of a Criminal Conviction
- Rule 610. Religious Beliefs or Opinions
- Rule 611. Mode an Order of Examining Witnesses and Presenting Evidence
- Rule 612. Writing Used to Refresh a Witness's Memory
- Rule 613. Witness's Prior Statement
- Rule 614. Court's Calling or Examining a Witness
- Rule 615. Excluding Witnesses
- Rule 701. Opinion Testimony by Lay Witnesses
- Rule 702. Testimony by Expert Witnesses
- Rule 703. Bases of an Expert's Opinion Testimony
- Rule 704. Opinion on Ultimate Issue
- Rule 705. Disclosing the Facts or Data Underlying an Expert's Opinion
- Rule 706. Court-Appointed Expert Witnesses
- Rule 801. Definitions That Apply to This Article; Exclusions from Hearsay
- Rule 802. The Rule Against Hearsay
- Rule 803. Exceptions to the Rule Against Hearsay
- Rule 805. Hearsay Within Hearsay
- Rule 806. Attacking and Supporting the Declarant's Credibility
- Rule 807. Residual Exception
- Rule 901. Authenticating or Identifying Evidence
- Rule 902. Self-Authentication
- Rule 903. Subscribing Witness's Testimony
- Rule 1001. Definitions That Apply to This Article
- Rule 1002. Requirement of the Original
- Rule 1003. Admissibility of Duplicates
- Rule 1004. Admissibility of Other Evidence of Content
- Rule 1005. Copies of Public Records
- Rule 1006. Summaries to Prove Content
- Rule 1007. Testimony or Statement of a Party to Prove Content
- Rule 1008. Functions of Court and Jury
- Rule 1101. Applicability
- Rule 1102. Title