West Virginia Judiciary

Rules of Practice and Procedure for Family Court

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Rules of Practice and Procedure for Family Court

Table of Contents
  1. General Provisions
    1. Scope; conflicts
    2. Terminology
    3. Effective date
  2. Administrative Provisions
    1. Security
    2. Records; transcripts; fees; costs; forms
    3. Court files; confidentiality; access; proceedings
    4. Exhibits
    5. Unofficial recording of proceedings
  3. Prehearing Procedures
    1. Commencement of actions
    2. Pleadings
    3. Signing of pleadings, motions and other papers; representations to court; sanctions
    4. Discovery
    5. Financial disclosure
  4. Temporary Relief
    1. Temporary relief motions
    2. Temporary support orders
    3. Presentation of evidence by proffer
  5. Hearings
    1. Testimony of children
    2. Telephonic and videoconference hearings
    3. Continuances, scheduling conflicts and consolidation
    4. Presentation of evidence by proffer; limitation
    5. Contempt, modification and final hearings
  6. Orders
    1. Orders; general provisions
    2. Retroactivity of child support and spousal support orders
    3. Scheduling orders
    4. Motion for reconsideration of family court order
  7. Appeals
    1. Waiver of appeal to circuit court
    2. Stay of proceedings pending appeal
    3. Petition for appeal to circuit court
    4. Insufficient record for appeal
    5. Motions to Dismiss the Appeal
    6. Granting or refusing the appeal
    7. Extensions of time
    8. Oral argument
    9. Final decisions
    10. Remand to family court judge
    11. Motions
  8. Parent Education
    1. Parent education; course content; mandatory attendance; information reporting
      1. Advanced Child-focused Parent Education
  9. Mediation
    1. Mediator panels; training and qualifications; information reporting
    2. Premediation screening
    3. Procedure following receipt of abbreviated premediation screening report
    4. Mediation fees
    5. Procedure for mediator disqualification
    6. Mediation procedures
    7. Court's consideration of mediated agreement
    8. Prohibition of dual relationship in mediation and parent education
    9. Immunity
  10. Special Proceedings and Procedures
    1. Attorneys and guardians ad litem for children
    2. Child Abuse and Neglect
      1. Infant guardianship proceedings
    3. Paternity
    4. Petitions for modification
    5. Expedited modification of child support
    6. Relocation of a parent
    7. Bifurcation
    8. Authority to accept waivers
    9. Agreements
    10. interpreters
    11. Withdrawal and substitution of counsel
  11. Disqualification of Family Court Judges
    1. Motions to Disqualify
  12. Time Standards
    1. Compliance with Time Standards
    2. Peer Review Board

Appendices