West Virginia Judiciary

Court Rules

BACKGROUND: Pursuant to Article VIII Section 3 of the West Virginia Constitution, the Supreme Court of Appeals of West Virginia "shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law."

CONTENTS: This page contains links to current rules and forms, and is divided into five sections: Supreme Court Proceedings, Circuit Court Proceedings, Family Court Proceedings, Magistrate Court Proceedings, Rules Governing Lawyers and Judges, and Miscellaneous. To review the orders issued by the Court relating to rules, please refer to the Recent Rules Orders page. To review rules that are currently subject to comment, please refer to the Requests for Public Comment page.

Supreme Court Proceedings

Guide to Preparing an Appeal

Rules of Appellate Procedure: The Revised Rules of Appellate Procedure became effective on December 1, 2010, and apply to all certified questions and appeals arising from rulings entered on or after December 1, 2010, and to original jurisdiction proceedings in the Supreme Court of Appeals filed on or after December 1, 2010. Bound copies of the Revised Rules, including the Clerk's Comments, are available upon request while supplies last. Contact the Supreme Court Clerk's Office during business hours at (304) 558-2601 to request a printed copy. You Important Notice about filings in the Supreme Courtmay also download the Revised Rules with Clerk's Comments [110 page PDF]. Due to the passage of Senate Bill 428, there is a $200 filing fee for docketing civil appeals (including family court cases), effective June 16, 2011. The filing fee is due when the notice of appeal is filed.

Circuit court proceedings

Rules of Civil Procedure: These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature whether cognizable as cases at law or in equity, with the qualifications and exceptions stated in Rule 81.

Rules of Criminal Procedure: These rules govern the procedure in all criminal proceedings in the circuit courts of West Virginia, as defined in Rule 54(c); and whenever specifically provided in one of the rules, to criminal proceedings before West Virginia magistrates.

Approved Revisions effective September 2, 2014 - Order
Rules of Evidence: With certain limited exceptions, the Rules of Evidence apply to all actions and proceedings in the courts of West Virginia.

West Virginia Trial Court Rules: The Trial Court Rules relate to court administration, as well as civil and criminal matters, and are intended to supercede matters that were previously covered by various local rules. The Trial Court Rules also cover topics such as the procedure for filing a motion to disqualify a judge, electronic filing, and mass litigation.

Rules Governing Post-Conviction Habeas Corpus Proceedings: These rules set forth the procedure for post-conviction habeas corpus proceedings governed by West Virginia Code 53-4A-1, et seq. For petitions filed in any circuit court of the state, all of the rules apply. For petitions filed in the Supreme Court of Appeals, only Rule 2 applies.

Rules of Procedure for Administrative Appeals: These rules govern the procedures in all circuit courts for judicial review of final orders or decisions from an agency in contested cases that are governed by the Administrative Procedures Act, W. Va. Code 29A-5-1 et seq. These rules do not apply to extraordinary remedies such as certiorari which are governed by Rule 71B(a) of the West Virginia Rules of Civil Procedure.

Rules of Practice and Procedure for Minor Guardianship Proceedings: These rules set forth procedures for circuit court and family court minor guardianship proceedings instituted pursuant to W. Va. Code 44-10-1, et seq. These rules have no application to proceedings involving settlement of a minor's claims for damages for injury to person or property. The procedures for such proceedings are governed by the Minor Settlement Proceedings Reform Act codified at W. Va. Code 44-10-14.

Rules of Practice and Procedure for Domestic Violence Civil Proceedings: These rules govern domestic violence civil proceedings in the circuit courts, family courts, and magistrate courts of the State of West Virginia.

Forms for Conservator/Guardian Matters: The forms listed in this inventory were prepared for the West Virginia Supreme Court of Appeals for use in conservator and guardian cases in the circuit courts of West Virginia under the provisions of West Virginia Code 44A- 1-1, et seq., which became effective on June 10, 1994, and has been subsequently amended. At present, there is no statutory mandate for the use of these forms and the circuit courts have the option either to use the forms as presented, to modify or adapt these forms, or to use forms or formats different from those contained here.

Rules of Procedure for Child Abuse and Neglect Proceedings: These rules set forth procedures for circuit courts in child abuse and neglect proceedings instituted pursuant to W. Va. Code 49-6-1, et seq.

Rules of Juvenile Procedure: The Rules of Juvenile Procedure became effective on July 1, 2010, and govern the procedures in the courts of West Virginia having jurisdiction over delinquency and status offense matters pursuant to West Virginia Code, Chapter 49, Articles 5 through 5E and apply to both delinquency and status offense proceedings except where otherwise specified or limited.

Mental Hygiene Proceedings Forms: This set of forms has been approved for use in Mental Hygiene Proceedings.

Family Court Proceedings

Rules of Practice and Procedure for Family Court: These rules govern all proceedings in Family Court with the exception of domestic violence civil proceedings unless specifically referenced in these rules.

Rules of Practice and Procedure for Domestic Violence Civil Proceedings: These rules govern domestic violence civil proceedings in the circuit courts, family courts, and magistrate courts of the State of West Virginia.

Magistrate Court Proceedings

Administrative Rules for the Magistrate Courts of West Virginia: These rules cover a variety of administrative matters for the magistrate courts.

Magistrate Court Forms: These forms are useful in a wide variety of magistrate court proceedings.

Rules of Civil Procedure for the Magistrate Courts of West Virginia: These rules apply to all civil cases in the magistrate courts of the State of West Virginia. These rules supplement, and in designated instances supersede, the statutory procedures set forth in Chapter 50 of the West Virginia Code.

Rules of Criminal Procedure for the Magistrate Courts of West Virginia.: These rules govern the procedure in all criminal proceedings in the magistrate courts of the State. These rules supplement, and in designated instances supercede, the statutory procedures set forth in Chpater 50 and Chapter 62 of the West Virginia Code.

Rules of Criminal Procedure: These rules govern the procedure in all criminal proceedings in the circuit courts of West Virginia, as defined in Rule 54(c); and whenever specifically provided in one of the rules, to criminal proceedings before West Virginia magistrates.

Rules of Practice and Procedure for Domestic Violence Civil Proceedings: These rules govern domestic violence civil proceedings in the circuit courts, family courts, and magistrate courts of the State of West Virginia.

Mental Hygiene Proceedings Forms: This set of forms has been approved for use in Mental Hygiene Proceedings.

Rules governing lawyers and judges

Rules for Admission to the Practice of Law: These rules govern the process for admission to the practice of law in West Virginia, including the process for being admitted pro hac vice.

Rules of Professional Conduct: These rules govern the professional conduct of lawyers who practice in the State of West Virginia.

Rules of Lawyer Disciplinary Procedure: These rules set forth the mechanisms of the Lawyer Disciplinary Board and govern the procedure for lawyer discipline.

Code of Judicial Conduct: These rules govern the professional conduct of judicial officers in West Virginia.

Rules of Judicial Disciplinary Procedure: These rules set forth the mechanisms of the Judicial Hearing Board and govern the procedure for discipline of judicial officers.

Rules of the West Virginia Lawyer Assistance Program: These rules govern the West Virginia Lawyer Assistance Program.

Miscellaneous

WV Wiretapping and Electronic Surveillance Appointments

INTEREST ON JUDGMENTS: Pursuant to the provisions of West Virginia Code 56-6-31, and an Administrative Order of the Supreme Court of Appeals of West Virginia, please be advised that the interest rate, including pre-judgment interest, for judgments and decrees entered during the year 2014 is 7.00%.
Orders for prior years: 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007.

Court Reporter Forms: These forms are intended for use by official court reporters for a variety of administrative purposes.

Court Employee Forms: These forms are intended for use by court employees for a variety of official business.