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 Clerk's Office. 

Declining to Issue Rules Governing Statewide Licenses to Engage in the Business of Issuing Surety Bonds in Criminal Cases. On November 25, 2009, the Court declined to issue rules governing statewide licenses to engage in the business of issuing surety bonds in criminal cases, concluding "that the directives of House Bill 4148 would require this Court to exercise a non-judicial function in a manner that is not permitted by the constitution."

Amendment to Trial Court Rule 26.02. On June 30, 2009 the Court amended Rule 26.02 of the West Virginia Trial Court Rules, effective immediately, expanding the number of Panel judges from six to seven.

Request for Comment on Proposed Rules of Juvenile Procedure. On June 4, 2009, the Court requested public comment on proposed procedural rules for juvenile status and delinquency cases arising under Chapter 49, Article 5 of the West Virginia Code. The rules were proposed by the Youth Services Committee of the Court Improvement Program. The public comment period has been extended to November 9, 2009.

Deferral of Consideration of Proposed Lawyer Assistance Program Following conclusion of public comment and revision of the proposed rules, the Court on March 12, 2009 deferred further consideration of the proposal until such time as the proposed changes to Article III of the By-Laws of the West Virginia State Bar have been approved by the membership as required by Article X of the By-Laws.

Request for Comment on Proposed Proposed Amendments to the Rules of Professional Conduct. On December 10, 2008, the Court requested public comment on proposed changes to the Rules of Professional Conduct that were proposed by a joint committee from the State Bar Board of Governors and the Lawyer Disciplinary Board. The proposed changes incorporate certain amendments from the Model Rules of Professional Conduct made as a result of the ABA Ethics 2000 Commission. The Court invites all interested persons at this time to review and comment on the proposed amendments before they are fully considered by the Court. The public comment period ended on February 9, 2009.

Request for Comment on Proposed Rule Changes to Create a New West Virginia Lawyer Assistance Program. On December 9, 2008, the Court approved a period of comment on proposed changes to the By-Laws of the West Virginia State Bar that would create a new West Virginia Lawyer Assistance Program. The public comment period closed on January 9, 2009.

Provisional approval of amendment to Rule 37a of the Rules of Practice and Procedure for Family Court. On November 12, 2008 the Court provisionally approved an amendment to Rule 37a of the Rules of Practice and Procedure for Family Court, relating to fees for advanced child-focused parent education classes. Public comment closed on December 12, 2008.

Request for Comment on Proposed Amendments to Rule 1.15 of the Rules of Professional Conduct. On November 5, 2008 the Court approved a period of public comment on proposed changes to Rule 1.15 of the Rules of Professional Conduct, relating to IOLTA accounts. The public comment period closed December 15, 2008.

Provisional approval of amendment to Canon 3 of the Code of Judicial Conduct. On November 5, 2008, the Court provisionally approved an amendment to Canon 3 of the Code of Judicial Conduct. The public comment period closed December 5, 2008.

Request for Comment on Proposed Rules of Practice and Procedure for Infant Guardianship Proceedings. On October 30, 2008, the Court approved a period of public comment on a new set of rules to govern circuit court and family court infant guardianship proceedings instituted pursuant to West Virginia Code 44-10-1, et seq. The public comment period closed on December 31, 2008.

APPROVAL OF RULES RELATED TO MASS LITIGATION. On October 9, 2008, the Court approved four rule changes related to mass litigation cases that are effective immediately, and one rule change applicable to all cases that is effective November 10, 2008. The rule changes are: (1) Amendments to Trial Court Rule 26, (an engrossed version is also available), which is effective immediately; (2) an Amendment to Rule 3(a) of the Rules of Civil Procedure that is effective November 10, 2008; and (3) an Amendment to Trial Court Rule 16.05 that is effective immediately; an Amendment to Rule 5(e) of the Rules of Civil Procedure that is effective immediately; and (5) an new Trial Court Rule 15 that is effective immediately.

REQUEST FOR COMMENT ON PROPOSED RULES RELATED TO MASS LITIGATION. On May 22, 2008, the Court approved a period of public comment on proposed rule changes and rule additions that relate to mass litigation. The three proposed rule changes are: (1) Amendments to Trial Court Rule 26; (2) an Amendment to Rule 3(a) of the Rules of Civil Procedure; and (3) an Amendment to Trial Court Rule 16.05. The public comment period concluded Monday, July 7, 2008.

REQUEST FOR COMMENT ON PROPOSED RULES RELATED TO ELECTRONIC FILING AND SERVICE IN CASES REFERRED TO THE MASS LITIGATION PANEL. On April 24, 2008, the Court approved a thirty-day period of public comment on a set of proposed rules and guidelines that will govern electronic filing and service in cases referred to the Mass Litigation Panel under Trial Court Rule 26. The public comment period was extended to Monday, July 7, 2008. Invitation to Comment (includes brief explanation of rule changes).

Request for Comment on Proposed Amendment to Rule 6 of the Rules of Criminal Procedure On January 28, 2008, the Court approved a period of public comment on a proposed amendment to Rule 6 of the Rules of Criminal Procedure, relating to use of official court reporters in grand jury proceedings. The comment period closed february 29, 2008.

REQUEST FOR COMMENT ON PROPOSED CHANGES AND ADDITIONS TO THE RULES OF CRIMINAL PROCEDURE FOR MAGISTRATE COURTS [Order entered February 15, 2007]. Requesting public comment on proposed changes and additions to the Rules of Criminal procedure for Magistrate Courts, including two new rules and a new form designed to provide for reciprocal discovery. The comment period closed March 30, 2007.

AMENDMENT TO RULES OF CIVIL PROCEDURE [Order entered January 24, 2007]. Approving a change to Rule 4(d)(1)(E) that was placed for public comment on September 21, 2006. The rule change increases the fee for service by certified mail from $10 to $20, effective July 1, 2007.

REQUEST FOR COMMENT ON PROPOSED RULES GOVERNING ADMINISTRATIVE APPEALS [Order entered January 24, 2007]. Requesting public comment on proposed new set of rules that would govern appeals to circuit court in contested cases under the West Virginia Administrative Procedures Act. Public comment period closed on March 30, 2007.

REQUEST FOR COMMENT ON PROPOSED AMENDMENTS TO FAMILY COURT RULES [Order entered January 11, 2007]. Requesting public comment on proposed amendments to the Family Court Rules that address timely disposition of cases. Public comment period closed on February 15, 2007.

REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENTS TO ADMINISTRATIVE AND CRIMINAL PROCEDURE RULES FOR MAGISTRATE COURTS [Order entered December 18, 2006]. Requesting public comment on proposed changes to administrative and criminal procedure rules in magistrate court. Public comment period closed on March 30, 2007.

AMENDMENTS TO RULES OF PROFESSIONAL CONDUCT [Order entered November 28, 2006]. Approving amendments provisionally approved and placed for public comment on September 7, 2006.

REQUEST FOR COMMENT ON PROPOSED AMENDMENT TO RULE 8 OF RULES FOR ADMISSION TO PRACTICE LAW [Order entered November 28, 2006]. Requesting comment on a proposed increase in the fee for admission pro hac vice, from $150 to $250. Public comment period concluded on February 28, 2007.

AMENDMENTS TO RULES OF JUDICIAL DISCIPLINARY PROCEDURE [Order entered October 25, 2006]. Approving amendments provisionally approved and placed for comment on June 30, 2006, relating to membership of the Judicial Investigation Commission on the Judicial Hearing Board.

REQUEST FOR COMMENT ON PROPOSED AMENDMENT TO RULES OF CIVIL PROCEDURE [Order entered September 21, 2006]. Requesting comment on a proposed increase in the fee for service by certified mail under Rule 4(d)(1)(e) of the Rules of Civil Procedure. Public comment period closed on November 30, 2006.

AMENDMENT TO RULES FOR ADMISSION TO PRACTICE LAW [Order entered September 7, 2006]. Provisionally adopting an amendment to Rule 9 of the Rules for Admission to Practice Law, extending the term of limited permission to practice from twenty-four to thirty-six months. Public comment period closed on October 31, 2006.

AMENDMENTS TO RULES OF PROFESSIONAL CONDUCT [Order entered September 7, 2006]. Provisionally adopting amendments to rules for distribution of IOLTA funds to add ChildLaw Services of Mercer County. Public comment period closed on October 31, 2006.

AMENDMENTS TO RULES OF JUDICIAL DISCIPLINARY PROCEDURE [Order entered June 30, 2006]. Provisionally adopting amendments relating to membership of the Judicial Investigation Commission and the Judicial Hearing Board. Public comment period closed on September 6, 2006.

EMERGENCY AMENDMENTS TO CHILD ABUSE, DOMESTIC VIOLENCE, AND FAMILY COURT RULES [Order entered April 3, 2006]. Adopting, effective immediately, emergency rules to address the overlap of child abuse and neglect cases between circuit court, family court and magistrate court. Affected in the changes were: amendments to Rules 1, 4, 17, and 26, and the addition of Rules 3A and 16A to the Rules of Procedure for Child Abuse and Neglect Proceedings; amendments to Rules 2(c), 8(c), 11(b), 13, 14, 18(b) and 25, and the addition of rule 25A to the Rules of Procedure for Domestic Violence Civil Proceedings; and amendments to Rule 47 and addition of Rule 47A to the Rules of Practice and Procedure for Family Court. See also, April 4, 2006 Press Release.

AMENDMENTS TO RULE 14 OF THE RULES OF CRIMINAL PROCEDURE [Order entered March 29, 2006]. Adopting, effective immediately, a change to Rule 14 of the West Virginia Rules of Criminal Procedure, relating to circuit court discretion in granting severance or other relief upon joint indictment or consolidated trials. The proposed amendment was published for public comment on November 17, 2005. It is important to note that: "The amendment to this Rule shall become effective immediately and apply to all cases pending before any court of this State on the effective date of this amendment."

DISAPPROVAL OF PROPOSED AMENDMENT TO TRIAL COURT RULES [Order entered March 29, 2006]. Disapproving, after public comment, a proposed addition to Rule 45 to the West Virginia Trial Court Rules, relating to timelines for preparation of proposed orders in criminal cases.

AMENDMENTS TO MANDATORY CONTINUING LEGAL EDUCATION RULES [Order entered January 26, 2006]. Adopting as proposed certain increases to delinquency fees for noncompliance with continuing legal education requirements.