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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
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.

07-06-2015

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.

05-19-2015

IN RE: APPROVAL OF AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE FOR MINOR GUARDIANSHIP PROCEEDINGS By order entered May 19, 2015, the Court approved amendments to rules reflect changes due to 2015 Regular Session of the West Virginia Legislature.

05-18-2015

IN RE: GUIDELINES FOR CHILDREN'S GUARDIANS AD LITEM IN CHILD ABUSE AND NEGLECT CASES By order entered May 18, 2015, the Court approved changes to Appendix A.

05-04-2015

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.

03-11-2015

IN RE: APPROVAL OF AMENDMENTS TO RULE 12 OF ADMINISTRATIVE RULES FOR THE MAGISTRATE COURTS OF WEST VIRGINIA By order entered March 11, 2015, the Court approved amendments to Rule 12, Retention of Records that take effect on March 11, 2015.

12-12-2014

IMPLEMENTATION OF ANNUAL FEE FOR OUT-OF-STATE LAWYERS ADMITTED PRO HAC VICE UNDER RULE 8 OF THE RULES FOR ADMISSION: By order entered December 12, 2014, the Court approved measures to permit the West Virginia State Bar to assess the new annual fee created by the amendments to Rule 8 that take effect on January 1, 2015.

11-24-2014

In Re: Approval of Amendments to Rule 15A.04 of the West Virginia Trial Court Rules By order entered November 24, 2014, the Court approved proposed amendments to the West Virginia Trial Court Rules for the establishment of a Unified Electronic Filing System Pilot Program.

10-01-2014

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.

09-29-2014

APPROVAL OF AMENDED RULES OF PROFESSIONAL CONDUCT By order of September 29, 2014 (ERRATA), the Court approved comprehensive amendments to the Rules of Professional Conduct. The amendments are effective January 1, 2015.