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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
10-25-2016

RE: ADOPTION OF AMENDMENT TO THE RULES FOR ADMISSION TO THE PRACTICE OF LAW: By order entered October 25, 2016, an amendment to The Rules for Admission to the Practice of Law was approved and adopted 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, commonly referred to as "Military Spouse Rule". The proposed amendment was published for comment period closed on December 15, 2015. Comments were received by Robert F. Bible, Lewis G. Brewer and Josie Beets.

10-05-2016

RE: APPROVAL OF AMENDMENTS TO THE RULES FOR ADMISSION TO THE PRACTICE OF LAW: By order entered October 5, 2016, amendments to The Rules for Admission to the Practice of Law were approved and adopted to implement the Uniform Bar Examination and other changes. The proposed amendments were published for comment and the comment period closed August 8, 2016. No comments were received.

10-05-2016

RE: APPROVAL OF AMENDMENTS TO RULE 6 OF THE RULES OF PRACTICE AND PROCEDURE FOR DOMESTIC VIOLENCE CIVIL PROCEEDINGS: By order entered October 5, 2016, amendments to Rule 6 of the Rules of Practice and Procedure for Domestic Violence Civil Proceedings were approved and adopted to address confidentiality of records involving minors. The proposed amendments were published for comment and the comment period closed on July 5, 2016. No comments were received.

09-14-2016

RE: APPROVAL OF AMENDMENTS TO RULES 17(a) AND 32(a) OF THE RULES OF PROCEDURE FOR CHILD ABUSE AND NEGLECT PROCEEDINGS: By order entered September 14, 2016, amendments to Rule 17(a) and 32(a) of the Rules of Procedure for Child Abuse and Neglect Proceedings were approved and adopted. Rule 17(a) was amended to encourage the use of co-petitions and Rule 32(a) was amended to be consistent with the time period in W.Va. Code § 49-4-610(8)(B). The proposed amendments were published for comment and the comment period closed August 15, 2016. No comments were received.

09-14-2016

RE: APPROVAL OF AMENDMENT TO RULE 39(c) OF THE RULES OF JUVENILE PROCEDURE: By order entered September 14, 2016, an amendment to Rule 39(c) of the Rules of Juvenile Procedure was approved and adopted to be consistent with W.Va. Code § 49-4-714(b)(5)(C). The proposed amendment was published for comment and the comment period closed on August 15, 2016. No comments were received.

09-14-2016

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.

09-13-2016

IN RE: WEST VIRGINIA TRIAL COURT RULES: By order entered on September 13, 2016, the Court approves amendments to Rule 17 of the West Virginia Trial Court Rules. The amendments are necessary to properly cite to Canon 2, Rule 2.11 of the Code of Judicial Conduct, as amended by order November 12, 2015, effective December 1, 2015.

06-14-2016

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."

06-14-2016

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."

06-07-2016

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.