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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

• RE: REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENT TO RULE 5 OF THE RULES OF CRIMINAL PROCEDURE FOR THE MAGISTRATE COURTS OF WEST VIRGINIA: By order entered June 14, 2017, the Supreme Court of Appeals is seeking comment on a proposed amendment to Rule 5 of the Rules of Criminal Procedure for Magistrate Courts. The proposed amendment provides for regular review of compliance with bond conditions in cases involving allegations of domestic violence.
  
  
• RE: REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENT TO RULE 9.0 OF THE RULES FOR ADMISSION TO THE PRACTICE OF LAW IN WEST VIRGINIA: By order entered June 13, 2017, the Supreme Court of Appeals is seeking comment on a proposed amendment to Rule 9.0 of the Rules for Admission to the Practice of Law in West Virginia.
  

Recently Concluded Comment Periods

• RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENTS TO RULES 6 AND 16a OF THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered October 25, 2016, proposed amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings are being published for comment. The amendments to Rules 6 and 16a, as proposed by The Honorable John W. Hatcher, Jr. Judge of the Twelfth Judicial Circuit of West Virginia, aim to improve the timeliness of resolving child support matters in family court.
  
  
• RE: REQUEST FOR PUBLIC COMMENT ON ADDITION TO THE WEST VIRGINIA TRIAL COURT RULES: By order entered on September 14, 2016, a proposed amendment to the Trial Court Rules is being published for comment. The proposal adds Rule 18, in response to recently enacted W.Va. Code § 62-6B-6(c) to provide greater confidentiality of recorded interviews of children in certain circumstances.
  
  
• RE: Request for Public Comment on Proposed Revision to Rule 7 of the Administrative Rules for Magistrate Court: By order entered April 10, 2017, the Court is considering amendments to Rule of the Administrative Rules for Magistrate Courts, in light of West Virginia Code § 17B-7-1 et seq. Comments must be filed on or before May 11, 2017.
  
  
• RE: Request for Public Comment on Proposed Revisions to Rule 8.3 of the Rules of Professional Conduct, Rule 6 of the Rules of Judicial Disciplinary Procedure, and the Rules of the Lawyer and Judicial Assistance Program: By order entered April 10, 2017, the Court is considering amendments to various rules in order to combine the functions of the Judicial Committee and Assistance and Intervention with Lawyer Assistance Program, and will accept public comment on the amendments through May 11, 2017.
  
  
• IN RE: REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENT TO RULE 23, CLASS ACTIONS, OF THE WEST VIRGINIA RULES OF CIVIL PROCEDURE: by order entered October 25, 2016, a proposed amendment to The West Virginia Rules of Civil Procedure si being published for comment. The proposed amendment to Rule 23, Class Actions, Rules of Civil Procedure provides for disbursement of residual funds. Comments must be filed in writing on or before January 31, 2017.
  
  
• RE: Request for Public Comment and Provisional Approval of Proposed Amendments to certain Guardian Ad Litem Rules for Family Court: By order entered March 8, 2017, the Court has provisionally approved proposed amendments to the rules governing guardians ad litem in family court, and will accept public comment on the amendments through April 10, 2017. The amendments are necessary because guardians ad litem should not routinely be appointed in family court cases.
  
  
• RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENT TO RULE 39(c) OF THE RULES OF JUVENILE PROCEDURE: By order entered on June 14, 2016, the court has approved, subject to sixty day comment period, a change in the last sentence of Rule 39(c) of the Rules of Juvenile Procedure in order to make the rule consistent with W.Va. Code § 49-4-714(b)(5)(C). W.Va. code § 49-4-714(b)(5)(C) provides: "Commitments may not exceed the maximum term for which an adult could have been sentenced for the same offense and any such maximum allowable term of confinement to be served in a juvenile correctional facility shall take into account any time served by the juvenile in a detention center pending adjudication, disposition, or transfer."
  
  
• RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENTS TO RULES 17(a) AND 32(a) OF THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered June 14, 2016, The Court has approved, subject to a sixty day comment period, changes to Rules 17(a) and 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings. The Court Improvement Program requests that the word "mutual" be removed from the second sentence of Rule 17(a) to encourage the use of co-petitions. The Court Improvement Program also requests that the Court consider a proposed amendment to Rule 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings to make the rule consistent with the time period set forth in W.Va. Code § 49-4-610(8)(B). W.Va. Code § 49-4-610(8)(B) states: "Any hearing to be held at the end of an improvement period shall be held as nearly as practicable on successive days and shall be held as close in time as possible after the end of the improvement period and shall be held no later than thirty days of the termination of the improvement period."
  


• REQUEST FOR PUBLIC COMMENT - RE: Amendments to Rule 6 of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings: By order entered on June 2, 2016, the Court requested public comment on proposed revisions to Rule 6. Confidentiality of court records, of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings. Comments must be filed in writing on or before Tuesday, July 5, 2016 with the Clerk of this Court.
  
  
• REQUEST FOR PUBLIC COMMENT - RE: Amendments to The Rules for Admission to the Practice of Law: By order entered on June 7, 2016, The Supreme Court of Appeals of West Virginia has adopted the Uniform Bar Examination (UBE) with an effective date in July 2017. Subject to the attached amendments to the Rules for Admission to the Practice of Law, which are released for public comment, the Supreme Court adopted the recommendation of the West Virginia Board of Law Examiners that West Virginia adopt the uniform exam. Comments must be filed in writing on or before Monday, August 8, 2016 with the Clerk of this Court.
  
  
• REQUEST FOR PUBLIC COMMENT on AMENDMENT to the RULES FOR ADMISSION TO THE PRACTICE OF LAW: By order entered September 22, 2015, the Court approved a sixty-day period for public comment on the proposed amendment to the West Virginia Rules for Admission to the Practice of Law. The proposed amendment to the Rules for Admission to the Practice of Law to permit the temporary practice of law in West Virginia by the attorney spouses of active service members assigned to a permanent duty station in West Virginia. Comments may be filed, in writing, with the Clerk of the Court on or before December 15, 2015.
  


• REQUEST FOR COMMENT on AMENDMENTS to the WEST VIRGINIA RULES OF JUVENILE PROCEDURE: By order entered July 22, 2015, the Court approved a sixty-day period for public comment on the proposed amendments to the West Virginia Rules of Juvenile Procedure. The proposed amendments to the Rules reflect the reorganization of Chapter 49 of the Code and incorporate statutory reforms to the juvenile justice system. Comments may be filed, in writing, with the Clerk of the Court on or before September 22, 2015.
  
  
• IN RE: REQUEST FOR PUBLIC COMMENT ON AMENDMENTS TO THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered May 4, 2015, the Court requests public comment on proposed revisions to the Rules of Procedure for Child Abuse and Neglect Proceedings.
  
  
• REQUEST FOR COMMENT on PROPOSED REVISIONS to the RULES OF APPELLATE PROCEDURE: By order entered July 13th, 2015, the Court requested public comment on proposed revisions to the Rules of Appellate Procedure. The proposed amendments to Rules 3(d)(1) and (2), 5(b), 10(c)(10), and 11(b) provide guidance to counsel in criminal appeals, habeas corpus appeals, or abuse and neglect appeals when counsel lacks a good faith belief that an appeal is warranted, and the client demands than an appeal be advanced. The proposed amendment to Rule 4(b) provides that a party who is represented by counsel may not file pro se documents with the Court or make an oral argument before the Court, unless specifically permitted to do so by order regardless of whether counsel previously has made a filing or an appearance before the Court. The proposed amendment to Rule 10(g) provides that the petitioner is prohibited from filing more than one reply brief unless permitted by order. The proposed amendment to Rule 11(i) provides that the Court will no longer accept a statement in lieu of a transcript in abuse and neglect appeals, because transcripts are essential for the consideration of abuse and neglect appeals. The public comment period concludes on September 11, 2015. All comments must be filed in writing with the Clerk of Court.
  
  
• IN RE: REQUEST FOR COMMENT ON PROPOSED REVISIONS TO THE WEST VIRGINIA CODE OF JUDICIAL CONDUCT: By order entered July 6, 2015, the Court requested public comment on proposed revisions to the Code of Judicial Conduct. Since receipt of public comments on a prior draft, the Code has undergone significant revisions, and adopts the structural revisions of the 2007 ABA Model Code. The public comment period concludes on September 8, 2015. All comments must be filed in writing with the Clerk of Court.
  
  
• In re: Request for Public Comment on Amendments to Rule 15A.04 of the West Virginia Trial Court Rules By order entered June 15, 2015, the Court approved revisions to Rule 15A.04, subject to a thirty-day comment period.
  
  
• In re: Request for Public Comment on Proposed Amendments to Rule 15A.04 of the West Virginia Trial Court Rules By order entered October 1, 2014, the Court approved revisions to Rule 15A.04, subject to a thirty-day comment period.
  
  
• REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE FOR MINOR GUARDIANSHIP PROCEEDINGS. By order entered June 10, 2014, the Court approved a 60-day period of public comment on proposed amendments to the Rules of Practice and Procedure for Minor Guardianship Proceedings. The public comment period closes on Monday, August 11, 2014.


• REQUEST FOR COMMENT ON PROPOSED REVISIONS TO THE RULES OF PROFESSIONAL CONDUCT AND ANCILLARY MATTERS. By order entered April 14, 2014, the Court approved a 60-day period of public comment on major revisions to the Rules of Professional Conduct that are intended to update the rules in conformity with West Virginia law, and are largely patterned after the American Bar Association Model Rules of Professional Conduct. As a consequence of the proposed revisions to the Rules of Professional Conduct, two additional subject matters are affected: admission of out-of-state lawyers pro hac vice and the administration of client trust accounts, including the Interest on Lawyer’s Trust Accounts (IOLTA) Program. These two subject matters are addressed in Rule 8 of the Rules for Admission to the Practice of Law and proposed State Bar Administrative Rule 10, respectively. State Bar Administrative Rule 10 will form a part of a new set of rules that will replace the existing State Bar Rules and Regulations. The new State Bar Administrative Rules are still under development, and the remaining portions will be released for comment later this year. Because State Bar Administrative Rule 10 relates to the subject matter in the proposed amendments to Rule 1.15 of the Rules of Professional Conduct, it is appropriate for consideration as part of this package of rule changes. All practicing lawyers are encouraged to review the revisions carefully and submit comments. The public comment period closes on Friday, June 13, 2014.
  
  
• REQUEST FOR PUBLIC COMMENT ON THE PROPOSED REVISIONS TO TRIAL COURT RULE 29, RELATING TO THE BUSINESS COURT DIVISION By order entered April 11, 2014, the Court approved a 30-day period of public comment on proposed revisions to Trial Court Rule 29, governing the Business Court Division. The public comment period closes on Monday, May 12, 2014.
  
  
• REQUEST FOR PUBLIC COMMENT ON THE PROPOSED AMENDMENTS TO THE WEST VIRGINIA TRIAL COURT RULES, RULES OF CIVIL PROCEDURE AND RULES OF CRIMINAL PROCEDURE By order entered November 7, 2013, the Court approved a period of public comment on proposed amendments to West Virginia Trial Court Rules, Rules of Civil Procedure and Rules of Criminal Procedure. Comments may be filed, in writing, with the Clerk of the Court, on or before December 30, 2013. The proposed changes are attached to the Court's order.
  
  
• REQUEST FOR PUBLIC COMMENT ON THE PROPOSED AMENDMENTS TO THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS, THE GUIDELINES FOR CHILDREN'S GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT PROCEEDINGS, AND THE REQUIRED FORM GUARDIAN AD LITEM REPORT By order entered October 15, 2013, the Court approved a period of public comment on proposed amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings, the Guidelines for Guardians Ad Litem in Child Abuse and Neglect Proceedings, and a required form Guardian Ad Litem Report. Comments may be filed, in writing, with the Clerk of the Court, on or before January 13, 2014. The proposed changes are attached to the Court's order.
  
  
• REQUEST FOR PUBLIC COMMENT ON PROPOSED REVISIONS TO THE WEST VIRGINIA RULES OF EVIDENCE By order entered September 16, 2013, the Court approved a period of public comment on Proposed Revisions to the West Virginia Rules of Evidence. The proposed revisions are extensive, and the Court urges all interested parties to review the rules carefully and submit comments prior to the deadline of December 16, 2013.