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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
09-20-2017

RE: Adoption of Amendment to Rule 9.0 of the Rules for Admission to the Practice of Law in West Virginia: By order entered September 20, 2017, this amendment extends the time period for practice to five years for those who are admitted pursuant to Rule 9.

06-14-2017

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.

06-13-2017

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.

04-25-2017

Approval and Adoption of Amendments to certain Guardian Ad Lite Rules for Family Court: By order entered April 25, 2017, the Court approved amendments to Rules 21.04 and 21.05 of the West Virginia Trial Court Rules and Rule 47 of the Rules of Practice and Procedure for Family Courts, as well as amendments to Appendix B Guidelines for Guardians Ad Lite in Family Court.

04-10-2017

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.

04-10-2017

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.

03-08-2017

IN RE: ADOPTION OF AMENDMENT TO RULE 23, CLASS ACTIONS, OF THE WEST VIRGINIA RULES OF CIVIL PROCEDURE: By order entered March 8, 2017, an amendment to Rule 23 of the West Virginia Rules of Civil Procedure was approved and adopted, effective immediately, providing for disbursement of residual funds.

03-08-2017

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.

11-04-2016

IN RE: RULE 33 OF THE WEST VIRGINIA RULES OF APPELLATE PROCEDURE: By order entered November 4, 2016, the Court approves amendments to Rule 33 of the West Virginia Rules of Appellate Procedure. The amendments are necessary to properly cite to Canon 2, Rule 2.11 of the Code of Judicial Conduct, as amended by order entered November 12, 2015, effective December 1, 2015.

10-25-2016

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 is 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.