West Virginia Judiciary

Rules of Practice and Procedure for Family Court

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Table of Contents Full Table of Contents
  1. Scope; conflicts
  2. Terminology
  3. Effective date

Scope; conflicts

These rules shall govern all proceedings in Family Court with the exception of domestic violence civil proceedings unless specifically referenced in these rules. If these rules conflict with other rules or statutes, these rules shall apply.

[Amended by order adopted November 27, 2001, effective January 1, 2002.]


Terminology

Unless otherwise indicated: the Code refers to the Code of West Virginia; any reference to a rule without identification of a set of rules, e.g., Rule 6, refers to a rule of the West Virginia Rules of Practice and Procedure for Family Court; any reference to a set of rules, e.g., the Rules of Civil Procedure, refers to the West Virginia rules of that title; supreme court of appeals refers to the Supreme Court of Appeals of West Virginia; court refers to the circuit court and or the family court; approved or required refers to a form, fee scale, order, or procedure approved or required by the supreme court of appeals; case information statement refers to a case information statement for domestic relations cases; service, served, or service of process, refers to service of process pursuant to the Rules of Civil Procedure; party indicates a self-represented party, a represented party, and/or the attorney for a party, as appropriate to the particular usage; child support enforcement agency refers to the state agency charged with child support enforcement; local child support enforcement office refers to the appropriate local office of the child support enforcement agency; family court final order refers to an appealable order entered by a family court judge; memorandum of law refers to a brief as in W. Va. Code, § 51-2A-11; and the use of the plural indicates the singular if appropriate, and the use of the singular indicates the plural if appropriate.

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]


Effective date
  1. Effective Date. — The rules shall take effect on the 1st day of January, 2002, and shall govern all Family Court proceedings after this date.
  2. Transfer of Cases to Family Court. — Effective January 1, 2002, all family court cases pending before the circuit court, whether on review of recommended order or otherwise, shall be transferred to the jurisdiction of the family court. In those cases where a recommended order has been previously filed, the family court shall enter a final order as soon as practical after transfer; provided, however, that if the parties have previously filed objections to a recommended order, the family court judge shall consider those objections and rule upon them as part of the family court final order. Where a circuit court has conducted evidentiary proceedings in a case prior to January 1, 2002, the circuit court may request, by January 31, 2002, pursuant to W.Va. Code § 51-2A-19(b), and taking into account the circumstances of the case, that the circuit court judge be appointed as a family court judge in such case.

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]

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