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RECENT RULES ORDERS


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 Office of the Clerk.

 

Date Description
06-02-2016

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.

03-03-2016

ORDER OF CORRECTION - RE: Approval of Amendment to Rule 2(h) of the Rules of Procedure for Administrative Appeals: By order entered on March 3, 2016, the Court issued an Order of Correction of the Order of Approval of Amendment to Rule 2(h) of the Rules of Procedure for Administrative Appeals. Rule 2(h) was amended in light of the Court's decision in RMLL Enterprises, Inc. v. Matcovich, State Tax Comm'r, No. 13-1275 (W.Va. Supreme Court, October 17, 2014)(memorandum decision) in order to clarify Rule 2.

11-25-2015

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA RULES OF JUVENILE PROCEDURE: By order entered November 25, 2015, the Court approved amendments to the West Virginia Rules of Juvenile Procedure. The amendments are effective January 1, 2016. Notice of Correction to Rule 21 of the West Virginia Rules of Juvenile Procedure.

11-24-2015

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA RULES OF APPELLATE PROCEDURE: By order entered November 24, 2015, the Court approved amendments to Rules 3(d)(2), 4(b), 10(c)(10)(a) and (b), 10(g), and 11(i), to the West Virginia Rules of Appellate Procedure and approved changes to the certification in Appendix A of the Notice of Appeal. Rule 3(d)(2) and Rule 10(c)(10)(a) and (b) provide guidance to counsel in criminal cases, habeas corpus cases, or abuse and neglect cases, when counsel lacks a good faith belief that an appeal is warranted, and the client insists that an appeal be advanced. Rule 3(d)(2) sets forth that counsel will not be permitted to withdraw solely on the basis that counsel lacks a good faith belief that an appeal is reasonable and warranted under the circumstances. The amendment to Rule 4(b) prohibits pro se filings whenever a party is represented by counsel in an action regardless of whether counsel has made a filing or an appearance before this Court in that action, unless specifically permitted by order. Rule 10(c)(10) sets forth the requirements that must be observed when counsel in a criminal case, habeas corpus case, or abuse and neglect case lacks a good faith belief that an appeal is reasonable and warranted. Rule 10(c)(10)(a) states that counsel must engage in a candid discussion with the client regarding the merits of the appeal. If, after consultation with the client, the client insists on proceeding with the appeal, counsel must file a notice of appeal and perfect the appeal on the petitioner’s behalf. Rule 10(c)(10)(b) provides that in extraordinary circumstances, if counsel is ethically compelled to disassociate from the contentions presented in the brief, counsel must preface the brief with a statement that the brief is filed pursuant to this Rule. If counsel is ethically compelled to disassociate from any assignments of error that the client wishes to raise on appeal, counsel must file a motion requesting leave for the client to file a pro se supplemental brief raising those assignments of error that the client wishes to raise but that counsel does not have a good faith belief are reasonable and warranted. The amendment to Rule 10(g) applies to all cases and states that unless otherwise provided by order, in cases where more than one respondent’s brief is filed, the petitioner is limited to filing only a single reply brief that consolidates the reply to each of the responses. In cases where more than one response brief is filed, the page limitation for the reply brief under Rule 38 is automatically extended to thirty pages, without need for further order. Also, the statement in lieu of transcript requirement for abuse and neglect cases in Rule 11(i) was deleted. The certification required in Appendix A of the Notice of Appeal was updated in light of the changes to Rules 3 and 10 which clarify the application of good faith belief in the merits of the appeal. The amendments are effective January 1, 2016.

11-12-2015

APPROVAL OF AMENDMENTS TO THE WEST VIRGINIA CODE OF JUDICIAL CONDUCT: By order entered November 12, 2015, the Court approved amendments to the West Virginia Code of Judicial Conduct. The amendments are effective December 1, 2015.

11-09-2015

In RE: Approval of Amendments to the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings: By order entered November 9, 2015, the Court approved amendments to the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings, effective immediately.

10-14-2015

In RE: Approval to Rule 3.29 of the Rules of Lawyer Disciplinary Procedure: By order entered October 14, 2015, the Court approved amendments to Rule 3.29 of the West Virginia Rules of Lawyer Disciplinary Procedure with regard to the appointment of trustees.

07-27-2015

In RE: Approval of Amendments to Rule 15A.04 of the West Virginia Trial Court Rules: By order entered July 27, 2015, the Court approved amendments to Rule 15A.04 of the West Virginia Trial Court Rules with regard to participation in the Unified Electronic Filing System Pilot Project.

07-22-2015

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.

07-13-2015

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.