West Virginia Judiciary

Rules of Practice and Procedure for Family Court

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Table of Contents Full Table of Contents
  1. Temporary relief motions
  2. Temporary support orders
  3. Presentation of evidence by proffer

Temporary relief motions

Filing and service of motion for temporary relief. — A party seeking temporary relief must file a motion for temporary relief at least 10 days prior to any scheduled hearing. A motion for temporary relief filed fewer than 10 days before any scheduled hearing shall be heard within the sound discretion of the court. A motion for temporary relief shall be filed with the circuit clerk with a copy served on all parties unless ex parte relief is sought. Any motion for temporary relief relating to the allocation of custodial responsibility or decision making authority for minor children shall be accompanied by a proposed temporary parenting plan.

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007.]


Temporary support orders
  1. Temporary support orders. — At the conclusion of every hearing in which temporary support is granted or modified the court shall enter an order by the next business day. A temporary support order is not subject to appeal.
  2. All other temporary relief orders. — A temporary order addressing temporary relief other than support shall be entered by the Court within 20 days of the temporary hearing. The temporary order is not subject to appeal.

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007.]


Presentation of evidence by proffer

Unless otherwise ordered by the court, all temporary relief hearings shall be conducted by the presentation of evidence by proffer. When evidence is presented by proffer the parties shall be present, or may participate as provided by Rule 18, and may be placed under oath to confirm or modify the evidence proffered in their behalf. Parties shall be given an opportunity to proffer rebuttal evidence. The Court has the discretion to limit the duration of temporary relief hearings.

[Amended by order adopted May 22, 2007, effective July 1, 2007. ]