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." See also W. Va. Code 51-1-4. The Court exercises this authority by issuing rules orders at various times throughout the year. Listed below, in reverse chronological order, are links to recent rules orders issued by the Court, along with a brief explanation of each. For more information about the amendment and promulgation of court rules, please contact the Clerk's Office.
2013 Rules Orders
- AMENDMENTS TO RULES OF THE W. VA. RULES OF THE WEST VIRGINIA LAWYER ASSISTANCE PROGRAM By Order entered May 16, 2013, relating to Rule 1(c) Funding and Administration of West Virginia Lawyer Assistance Program.
- REQUEST FOR COMMENTS ON PROPOSED AMENDMENTS TO RULE 8 of the WEST VIRGINIA TRIAL COURT RULES By Order entered May 1, 2013, the Court requests public comment on proposed amendments to Rule 8 of the West Virginia Trial Court Rules, governing Cameras, Audio Equipment, and Media in the Courtroom. The public comment period ends May 31, 2013.
- AMENDMENTS TO RULE 4 AND RULE 11, RULES OF PRACTICE AND PROCEDURE FOR DOMESTIC VIOLENCE CIVIL PROCEEDINGS By Order entered February 21, 2013, relating to service of process of protective orders and relating to payment of the fee authorized by Rule 4 to any law enforcement agency that serves the pleadings or orders.
- AMENDMENTS TO RULE 43 OF THE W. VA. RULES OF CIVIL PROCEDURE AND RULE 56 OF THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT by Order entered February 7, 2013, which addresses the payment of compensation to interpreters as provided by law.
2012 Rules Orders
- FILINGS THAT DO NOT COMPLY WITH THE RULES OF APPELLATE PROCEDURE by Order entered December 10, 2012, all litigants before this court are hereby provided notice that all filings after January 1, 2013 must carefully comply with the Rules of Appellate Procedure.
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ADOPTION OF AMENDMENTS TO THE RULES FOR ADMISSION TO THE PRACTICE OF LAW By Order entered November 20, 2012, the Court adopted the amendments to the Rules for Admission to the Practice of Law effective January 1, 2013.
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GUIDELINES FOR KANAWHA COUNTY PILOT DOMESTIC VIOLENCE COURT By Order entered November 20, 2012, the Court approved the proposed guidelines for the Domestic Violence Court Pilot Project in Kanawha County as created by the Legislature at W. Va. Code § 48-37-301 and § 51-2A-2, effective immediately.
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DECLINING TO ADOPT PROPOSED AMENDMENTS TO WEST VIRGINIA STATE BAR RULES AND REGULATIONS, CHAPTER VII. RULES TO GOVERN MANDATORY CONTINUING LEGAL EDUCATION. By Order entered September 20, 2012, the Court declined to adopt the proposed amendments.
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APPROVAL AND ADOPTION OF NEW TRIAL COURT RULE 29, RELATING TO THE BUSINESS COURT DIVISION. By Order entered September 11, 2012, the Court approved Trial Court Rule 29, establishing a Business Court Division within the circuit courts of West Virginia. The new rule becomes effective on October 10, 2012. On the same day, the Chief Justice entered an order making appointments to the Business Court Division and naming a Chair. The changes were announced by Justice Robin Davis. Read more in the Court's press release.
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APPROVAL AND ADOPTION OF PROPOSED RULE CHANGES TO CREATE A NEW WEST VIRGINIA LAWYER ASSISTANCE PROGRAM. By Order entered June 19, 2012, the Court approved a three (3) year pilot program by creating the RULES OF THE WEST VIRGINIA LAWYER ASSISTANCE PROGRAM.
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APPROVAL OF GUIDELINES FOR GUARDIANS AD LITEM IN FAMILY COURT; AMENDMENTS TO TRIAL COURT RULE 21; AND AMENDMENTS TO RULE 47 OF THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT. By Order entered April 20, 2012, the Court approved guidelines related to the appointment of guardians ad litem in family court, along with a proposed amendment to Trial Court Rule 21 related to compensation of guardians and other matters. The rules are generally effective July 1, 2012. Please refer to the Order for additional details regarding the effective date of the new educational requirements and compensation.
- CORRECTED ORDER NUNC PRO TUNC OF IN RE: APPROVAL OF AMENDMENTS TO RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS. By Order entered March 27, 2012, the Court issued a corrected order regarding the Approval of Amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings. The rules are effective January 3, 2012.
- REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO THE RULES FOR ADMISSION TO THE PRACTICE OF LAW. By Order entered March 8, 2012, the Court requested public comment on proposed amendments to the Rules for Admission to the Practice of Law
- REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO CREATE RULE 29. By Order entered February 9, 2012, the Court requested public comment on proposed amendments to create Rule 29, Commercial Litigation, West Virginia Trial Court Rules. The public comment period ends May 11, 2012.
- REQUEST FOR COMMENT ON PROPOSED AMMENDMENTS TO WEST VIRGINIA STATE BAR RULES AND REGULATIONS. By Order entered January 26, 2012, the Court requested public comment on proposed amendments to Chapter VII of the West Virginia State Bar Rules and Regulations, Rules to Govern Mandatory Continuing Legal Education, Rule 4.4. The public comment period ends February 29, 2012.
2011 Rules Orders
- APPROVAL OF AMENDMENTS TO RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By Order entered November 22, 2011, the Court approved amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings. The rules are effective January 3, 2012.
- REQUEST FOR COMMENT ON PROPOSED GUIDELINES FOR GUARDIANS AD LITEM IN FAMILY COURT; AMENDMENTS TO TRIAL COURT RULE 21; AND AMENDMENTS TO RULE 47 OF THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURT. By Order entered October 21, 2011, the Court requested public comment on proposed guidelines related to the appointment of guardians ad litem in family court, along with a proposed amendment to Trial Court Rule 21 related to compensation of guardians and other matters. The public comment period ends December 31, 2011.
- APPROVAL OF AMENDMENTS TO THE BY-LAWS OF THE WEST VIRGINIA STATE BAR: By Order entered September 13, 2011, the Court approved amendments to the by-laws of the West Virginia State Bar, relating to the Bar's power to hold property and to borrow money. The rules are effective immediately.
- REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO THE BY-LAWS OF THE WEST VIRGINIA STATE BAR: By Order entered July 13, 2011, the Court approved a period of public comment on proposed amendments to the by-laws of the West Virginia State Bar, relating to the Bar's power to hold property and to borrow money. The public comment period closed on August 26, 2011.
- APPROVAL OF AMENDMENTS TO THE RULES OF PROCEDURE FOR DOMESTIC VIOLENCE CIVIL PROCEEDINGS: By Order entered June 21, 2011, the Court approved amendments to the Rules of Practice and Procedure for Domestic Violence Civil Proceedings, following an extended period of public comment. The rules are effective July 15, 2011.
- REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By Order entered May 25, 2011, the Court approved a period of public comment on amendments to the rules governing child abuse and neglect proceedings that were proposed by the Court Improvement Committee. The public comment period closed August 26, 2011.
- CONTINUATION OF FAMILY COURT APPELLATE PROCEDURES: By Order entered May 12, 2011, the Court directed that the appellate procedures set forth in Rules 26 through 36 of the Rules of Practice and Procedure for Family Courts, and Rule 13 of the Revised Rules of Appellate Procedure shall remain in full force and effect.
- TECHNICAL AMENDMENT TO THE RULES OF CRIMINAL PROCEDURE: By Order dated February 11, 2011, the Court approved a technical amendment to Rule 37(a), which makes clear that the notice of appeal is filed with the Office of the Clerk of the Supreme Court of Appeals.
- APPROVAL OF AMENDMENT TO THE RULES OF CRIMINAL PROCEDURE FOR MAGISTRATE COURTS: By Order entered February 10, 2011, the Court approved an amendment to the Rules of Criminal Procedure for Magistrate Courts that relates to guilty pleas for certain offenses.
2010 Rules Orders
- SECOND REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE FOR DOMESTIC VIOLENCE CIVIL PROCEEDINGS: By Order entered November 23, 2010, the Court approved a second period of public comment on proposed amendments to the Rules of Procedure for Domestic Violence Civil Proceedings. The comment period closed December 15, 2010.
- REQUEST FOR PUBLIC COMMENT ON AN AMENDMENT TO THE RULES OF CRIMINAL PROCEDURE FOR MAGISTRATE COURTS: By Order entered November 22, 2010, the Court requested public comment on an amendment to the Rules of Criminal Procedure for Magistrate Courts that relates to guilty pleas for certain offenses. The public comment period closed January 23, 2011.
- APPROVAL OF AN ADDITION TO THE ADMINISTRATIVE RULES FOR MAGISTRATE COURTS: By Order entered November 17, 2010, the Court approved an addition to the Administrative Rules for Magistrate Courts. Public comments were received and reviewed by the Court.
- APPROVAL OF THE REVISED RULES OF APPELLATE PROCEDURE: By Order entered October 19, 2010 the Court promulgated the Revised Rules of Appellate Procedure, which became effective December 1, 2010. The Revised Rules govern all appeals from orders entered on or after December 1, 2010. The following rules were also amended, in light of the revisions to the Rules of Appellate Procedure:
- APPROVAL OF AN AMENDMENT TO THE RULES OF CIVIL PROCEDURE: By Order entered October 19, 2010, the Court amended Rules 72 and 73 of the Rules of Civil Procedure in order conform to the Revised Rules of Appellate Procedure.
- APPROVAL OF AN AMENDMENT TO THE RULES OF CRIMINAL PROCEDURE: By Order entered October 19, 2010, the Court amended Rule 37 of the Rules of Criminal Procedure in order conform to the Revised Rules of Appellate Procedure.
- APPROVAL OF AN AMENDMENT TO THE RULES OF PRACTICE AND PROCEDURE FOR FAMILY COURTS: By Order entered October 19, 2010, the Court amended Rule 27 of the Rules of Practice and Procedure for Family Court in order to refer correctly to the Revised Rules of Appellate Procedure.
- APPROVAL OF AN AMENDMENT TO THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By Order entered October 19, 2010, the Court amended Rule 49 and 50 of the Rules of Procedure for Child Abuse and Neglect Proceedings in order conform to the Revised Rules of Appellate Procedure.
- APPROVAL OF AN AMENDMENT TO THE RULES OF CIVIL PROCEDURE: By Order entered October 19, 2010, the Court amended Rules 72 and 73 of the Rules of Civil Procedure in order conform to the Revised Rules of Appellate Procedure.
- REQUEST FOR PUBLIC COMMENT ON AN ADDITION TO THE ADMINISTRATIVE RULES FOR MAGISTRATE COURTS: By Order entered September 22, 2010, the Court approved a period of public comment on a proposed addition to the Administrative Rules for Magistrate Courts. The addition relates to magistrate assistant's hours and duties. The comment period closed October 22, 2010.
- APPROVAL OF TECHNICAL AMENDMENT TO THE RULES OF CIVIL PROCEDURE: By Order entered September 9, 2010, the Court approved a technical amendment to Rule 37 of the Rules of Civil Procedure. The amendment corrects a cross-reference in Rule 37(a)(2).
- APPROVAL OF PROPOSED AMENDMENTS TO RULE 1.15 OF THE RULES OF PROFESSIONAL CONDUCT: By Order entered June 22, 2010, the Court approved amendments to Rule 1.15 of the Rules of Professional Conduct relating the the administration of IOLTA accounts, after review of the various public comments received.
- REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO RULE 1.15 OF THE RULES OF PROFESSIONAL CONDUCT: By Order entered May 17, 2010, the Court approved a period of public comment on proposed amendments to Rule 1.15 of the Rules of Professional Conduct relating the the administration of IOLTA accounts.
- APPROVAL OF AMENDMENT TO TRIAL COURT RULE 26.08: By Order entered April 15, 2010, the Court approved the amendment to Trial Court Rule 26.08. No public comments were filed.
- APPROVAL OF THE RULES OF JUVENILE PROCEDURE: By Order entered April 20, 2010, the Court approved a new set of procedural rules for juvenile status and delinquency cases arising under Chapter 49, Article 5 of the West Virginia Code.
- APPROVAL OF AMENDMENTS TO THE RULES OF JUDICIAL DISCIPLINARY PROCEDURE: By Order entered April 14, 2010, the Court approved amendment to Rules 1.6 and 1.7 of the Rules of Judicial Disciplinary Procedure, relating to the membership of the Judicial Investigation Commission.
- PROVISIONAL APPROVAL OF AMENDMENT TO TRIAL COURT RULE 26.08: By Order entered March 11, 2010, the Court provisionally approved an amendment to Trial Court Rule 26.08, relating to the powers of a presiding judge to control the jury selection process in a case assigned to the Mass Litigation Panel.
- DISAPPROVAL OF PROPOSED CHANGE TO THE RULES OF CRIMINAL PROCEDURE: By Order entered March 4, 2010, the Court disapproved a proposed amendment to the Rules of Criminal Procedure that would have made the number of peremptory strikes equal and alternating between the State and the defendant.
- WITHDRAWAL OF PROPOSED AMENDMENTS TO THE RULES OF PROFESSIONAL CONDUCT: By Order entered February 11, 2010, the Court permitted the Office of Disciplinary Counsel to withdraw proposed amendments to the Rules of Professional Conduct, after the amendments had been placed for a period of public comment.
- ADOPTION OF AMENDMENTS INCREASING THE FEE FOR PRO HAC VICE ADMISSION: By two orders entered February 11, 2010, the Court approved an amendment to the Rules of Admission to the Practice of Law and an amendment to the Trial Court Rules increasing the fee for pro hac vice admissions from $250 to $350.
- REQUEST FOR COMMENT AND PROVISIONAL APPROVAL OF AMENDMENTS TO THE RULES OF JUDICIAL DISCIPLINARY PROCEDURE: By Order entered January 28, 2010, the Court approved amendments to the Rules of Judicial Disciplinary Procedure that relate to the membership of the Judicial Investigation Commission. The public comment period closed March 1, 2010.
