Pursuant to Article VIII § 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. Comments from the public, the bench, and the bar are important to the judicial rule making process. This page lists matters that are currently placed for public comment.
How to File Public Comments
Public comments on proposed rules must be in writing and filed with the Clerk of Court on or before the deadline set forth in the order. The Court encourages interest groups to submit joint comments where appropriate. Email comments are not encouraged and receipt of email comments will not be acknowledged.
Current Requests for Public Comment
Recently Concluded Comment Periods
- On February 9, 2023, the Court entered an order requesting public comment on a proposed amendment to Rule 28 of the Rules of Practice and Procedure for Family Court. The amendment would add a provision to toll the appeal period when a motion for reconsideration is filed. Public comments may be filed in writing with the Clerk of Court through File and Serve Express on or before March 10, 2023.
- On December 19, 2022, the Court entered an order provisionally adopting and requesting public comment on proposed amendments to Rule 1.1 of the Rules of Judicial Discplinary Procedure. The amendments relate to the membership of the Judicial Investigation Commission. Public comments may be filed in writing with the Clerk of Court through File and Serve Express on or before January 18, 2023.
- Public comments sought on proposed amendments to the West Virginia Rules of Civil Procedure. Amendments have been proposed to the West Virginia Rules of Civil Procedure. Your comments are needed. All comments must be filed in writing with the Clerk of the Court no later than October 13, 2022. The Supreme Court granted an extension of the original deadline of September 13, 2022, by order. The Court takes no position at this time on the proposed amendments and encourages comments. To review the original order requesting public comments and the proposed amendments, click here.
- On June 15, 2022, the Court entered an order requesting public comment on proposed amendments to the Rules of Admission to the Practice of Law. The amendments would add Rule 4.8 regarding military legal assistance admission and registration. All comments must be filed in writing with the Clerk of the Court no later than August 19, 2022.
- Public comments sought on a proposed amendment to Rule 24 of the Rules of Appellate Procedure (Filing fees; costs) that has been provisionally approved. All comments must be filed in writing with the Clerk of the Court no later than July 29, 2022. The Supreme Court of Appeals has provisionally approved this amendment, but seeks comments. To review the order provisionally approving the proposed amendment and requesting public comment, click here.
- On April 7, 2022, the Court entered an order requesting public comment on proposed amendments to Rules 4 and 9 of the Rules of Criminal Procedure that allow for a charging document to be attached to a warrant or summons in place of a description of the charging document in the warrant or summons. Comments must be filed in writing with the Clerk of the Court on or before May 9, 2022.
- On July 1, 2022, the judicial system in West Virginia will have an Intermediate Court of Appeals (ICA). On February 22, 2022, the Supreme Court of Appeals of West Virginia entered an order requesting public comment on amendments to procedural rules that are necessary to set forth the appellate procedure for the ICA, once established. The proposed amendments are available for public comment on or before April 11, 2022.
- On May 17, 2021, the Supreme Court of Appeals of West Virginia approved a 30-day period of public comment on amendments to Rule 7.0 of the Rules for Admission to the Practice of Law in West Virginia.
