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The West Virginia Trial Court Rules

Table of Contents

Chapter 1: Administrative Matters, Rules 1-8

1. Effect of Rules of General Practice; Definitions
   1. Matters of Statewide Concern
   2. Repeal of Local Rules
   3. Authority to Enact Local Rules on Matters Which Are Strictly Local
   4. Definitions
2. Terms of Court
3. Court Sessions
   1. Generally
   2. Opening Court
   3. Court Security
4. Counsel
   1. Admission to Practice Before the Courts
   2. Visiting Attorneys; Pro Hac Vice Admissions
   3. Representation of Parties and Pro Se Appearances
   4. Substitution of Counsel by Stipulation
   5. Legal Assistance by Law Students
   6. Bias and Prejudice
   7. Attire for Court Appearances
   8. Addressing the Court; Examination of Witnesses
   9. Contact with Jurors
   10. Ex Parte Presentations; Duty to Court
5. Scheduling Conflicts
   1. Purpose
   2. General Priorities
   3. Additional Factors
   4. Notice of Conflict
   5. Resolution of Conflict
6. Motions Practice, General
   1. Form of Memoranda, Motions and Other Papers
   2. Citation Form
   3. Copies of Memoranda
   4. Copies of Cases and Statutes
7. Juries
   1. Master List
   2. Jury Wheel or Jury Box
   3. Jury Panels and Pools
   4. Magistrate Court Juries
8. Cameras, Audio Equipment and Media in the Courtroom
   1. Permission of the Court Required
   2. Procedure to Obtain Permission
   3. Termination of Coverage
   4. Scope of Coverage
   5. Nonjudicial Meetings
   6. Equipment and Personnel
   7. Location of Equipment
   8. Pooling Arrangements
   9. Admissibility in Evidence
   10. Prior Approval to Identify or Video Jurors
9. Custody and Disposition of Exhibit
   1. Generally
10. Filing and Removal of Papers; Limitation of Access to Court Files
    1. Filing of Papers
    2. Removal of Papers and Files From Custody of Clerk
    3. Limitation of Access to Court Files
    4. Access to Court Files and Other Court Records under the Freedom of Information Act
11. Caption and Format of Orders
    1. Captions
    2. Format
12. Filing and Service by Facsimile Transmission
    1. Applicability
    2. Definitions
    3. General Provisions
    4. Filing and Service of Documents in Civil Actions by Facsimile Transmission
    5. Facsimile Transmission of Domestic Violence Petitions and Protective Orders
    6. Facsimile Transactions in Criminal Matters
13. Court Library
    1. Generally
14. Videoconferencing
15. Electronic Filing and Service
    
    1. Application
    2. General Provisions
    3. Authorization and Signature
    4. Filing and Service
    5. Orders and Civil Docket
    6. Waiver of E-Filing and Service Requirements
    7. Public Access
    8. Case Management Order
    9. Registration and Fees
    10. Form of documents electronically filed
    11. Time of electronic filing and service
    12. Filing of sealed documents
    13. System or participant errors
    14. Obligation of participants to maintain proper delivery information
16. Electronic Filing and Service of Circuit Court and Family Court Actions (excluding Mass Litigation
    
    1. Application
    2. Definitions
    3. Purpose
    4. Selection of Cases
    5. Integration with Other Rules
    6. Becoming an Authorized User; User Identities; Payment of Fees
    7. User Responsibility to Maintain Up-to-Date Information
    8. User Responsibility for Security
    9. User Responsibility for Compliance with Rules
    10. Use of User Identity by Others
    11. Signatures
    12. Authenticity
    13. Preservation of Originals
    14. Form of Document
    15. Title and Description of Document
    16. E-Filing Receipts; Effect of E-Filing; Date and Time of E-Filing
    17. Complaint and Summons
    18. Electronic Service
    19. Certificates of Service
    20. Exceptions to Electronic Service
    21. Service to Parties who are not User of the E-Filing System
    22. Unavailability of E-Filing System
    23. Filing of Sealed Documents
    24. Private Information
    25. Entry of Orders and Judgements; Notice thereof
    26. Public Access to Court Records
17. Time Standard
    1. Purpose
    2. Implementation
    3. Definitions
    4. Time Standards for Criminal Cases
    5. Time Standards for Civil Cases
    6. Domestic Relations Proceedings
    7. Juvenile Delinquency Proceedings
    8. Abuse and Neglect Proceedings
    9. Mental Hygiene Proceedings
    10. Guardianship and Conservatorship Proceedings
    11. Petitions and Appeals
    12. Extraordinary, Declaratory Judgment, and Equitable Proceedings
    13. Duties of Court Officers
18. Disqualification and Temporary Assignment of Judges
    1. Motions for Disqualification
    2. Voluntary Recusal by a Judge
    3. Applicability
    4. Time
    5. Challenge to Disqualification Rulings
    6. Unavailability under W. Va. Code § 51-2-1(a)
    7. Sanctions
19. Recorded Interviews of Children
    1. Application Generally
    2. Definitions
    3. Access and Use
    4. Production by Non-Parties
20. Reserved

Chapter 2: Civil Matters

1. Extension of Answer Date
   1. Generally
2. Guardian Ad Litem
   
   1. Applications Generally
   2. Appointments Generally
   3. Duties Generally
   4. Definitions
   5. Eligibility for a Supreme Court-Paid Guardian Ad Litem
   6. Compensation for a Supreme Court-Paid Guardian Ad Litem
3. Motions Practice, Civil
   1. Motions, Responses, and Supporting Memoranda
   2. Motions to Dismiss
   3. Hearings on Motions
   4. Action on Motions
   5. Effect of Failure to Appear at Oral Argument or Hearing
4. Trial, Civil
   1. Non-Jury Matters
   2. Cases to be Tried by a Jury: Proposed Jury Instructions; Proposed Verdict Form
   3. Voir Dire
   4. Opening Statements and Closing Arguments
   5. Stipulations
5. Preparation and Submission of Orders
   1. Generally
6. Mediation
   1. Scope
   2. Mediation Defined
   3. Selection of Cases for Mediation
   4. Listing of Mediators
   5. Selection of Mediator
   6. Compensation of Mediator
   7. Mediator Disqualification
   8. Provision of Preliminary Information to the Mediator
   9. Time frames for Conduct of Mediation
   10. Appearances; Sanctions
   11. Participation
   12. Confidentiality of Mediation Process
   13. Immunity
   14. Enforceability of Settlement Agreement
   15. Report of Mediator
   16. Statistical Information
7. Mass Litigation
   1. Mass Litigation — Preamble
   2. Mass Litigation Panel
   3. Application
   4. Definitions
   5. Panel Duties
   6. Motion to Refer Actions as Mass Litigation
   7. Assignment of Presiding Judge in Mass Litigation
   8. Powers of Presiding Judge
   9. Motion to Join in Existing Mass Litigation
   10. Class Actions
   11. Official Reporter
   12. Scope; Conflicts
8. Public Funding for Expert Assistance in Child Abuse or Neglect Cases
   1. Motion and Appointment
   2. Compensation of Experts
9. Reasonable Efforts and Contrary to the Welfare Findings in Juvenile Cases
10. Business Court Divisions
    1. Business Court Division — Preamble
    2. Business Court Division
    3. Application
    4. Definitions
    5. Division Duties
    6. Motion to Refer Actions as Business Litigation
    7. Assignment of Presiding Judge in Business Litigation
    8. Powers and Duties of Presiding Judge
    9. Scope; Conflicts

Chapter 3: Criminal Matters

1. Conditions of Release
   1. Hearing on Motion for Reconsideration of Conditions of Release
   2. Scheduling of Hearings
   3. Effect of Having Been Released Previous to Indictment
2. Bonding Agents and Bail Bonds
   1. Generally
3. Discovering and Inspection in the Circuit Courts
   1. Generally
   2. Mandatory Discovery
   3. Discovery Conference
   4. Items Not Subject to Disclosure
   5. Continuing Duty to Disclose
   6. Regulation of Discovery
   7. Statement of Witnesses
   8. Exchange of Exhibit Lists
   9. Additional Motions for Discovery
4. Articles of Evidence
   1. State's Evidence
5. Depositions
   1. Authorization for Deposition
   2. Incarcerated Defendants
6. Public Funding for Expert Assistance
   1. Motion
   2. Service of Motion
   3. Ex Parte Motion
   4. Judicial Determination of Whether to Proceed Ex Parte
   5. Compensation of Experts
7. Motions Practice, Criminal
   1. Generally
   2. Motions for an Extension of Time
   3. Time for Filing Motions
   4. Time for Filing Responses and Replies
   5. Limitation on Memoranda
8. Speedy Trial
   1. Authority
   2. Motion for Speedy Trial
9. Continuances
   1. Procedure for Obtaining Continuance
10. Guardians Ad Litem
    1. Appointment
    2. Duties
    3. Compensation
11. Pretrial Conference
    1. Authority
    2. Purpose
    3. Attendance and Participation at the Pretrial Conference
12. Changes to Plea
    1. Notice of Change of Plea Hearing
13. Trial, Criminal
    1. Presentation of Statement of Facts and Potential Witnesses
    2. Presentation of Jury Instructions
    3. Voir Dire
    4. Opening Statements and Closing Arguments
    5. Stipulations
14. Pre-Sentence Investigation and Report
    1. Investigation, Report, and Objections
    2. Disclosure
15. Petition for Disclosure of Pre-Sentence or Probation
    1. Generally

Appendix A: Notice of Bond Encumbrance

Appendix B: Release of Notice of Bond Encumbrance