West Virginia Trial Court Rules

STATE OF WEST VIRGINIA

At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 9th day of June, 1999, the following order was made and entered:

IN RE: WEST VIRGINIA TRIAL COURT RULES

        On this day came the Court and proceeded to consider amendments to the West Virginia Trial Court Rules as adopted by order entered on December 14, 1998, along with additional proposed rules and the abrogation of certain rules.
        Effective July 1, 1999, the Court does hereby:

        1. Adopt said amendments as contained in the Trial Court Rules attached hereto:

        2. Adopt the following additional rules contained in the Trial Court Rules attached hereto: 10.04, 23.03, 27.01 and 27.02, 31.01, 35.05, 39.01 - 39.03, 42.03;

        3. Abrogate the following rules that were adopted by order entered on December 14, 1998: 36.06, 36.07, 38.02, 38.03, 39, and 41.02; and

        4. Abrogate the following existing free-standing rules and adopt them, as amended, within the Trial Court Rules: Rules of Procedure for Court-Annexed Mediation in the Circuit Courts of West Virginia (as adopted effective July 1, 1993); Trial Court Rules for Trial Courts of Record (as adopted effective July 22, 1960, and later amended); Rules on Time Standards for Circuit Courts (as adopted effective January 1, 1994, and later amended); Rules for Resolution of Court Scheduling Conflicts (as adopted effective February 1, 1989, and later amended); Rules Governing Camera Coverage of Courtroom Proceedings (as adopted effective March 1, 1981, and later amended); and Rules for Filing and Service by Facsimile Transmission (as adopted effective September 1, 1996).

       5. Make applicable in magistrate courts the following Trial Court Rules: 5, 7.04, 8, 10.04, 12, and 31.01.

        Chief Justice Starcher objects to Rule 10.03 as adopted.
        Justice Maynard and Justice McGraw object to the adoption of Rules 16.01 - 16.13.
        Chief Justice Starcher and Justice McGraw object to Rule 23.03 as adopted.
        Justice Davis and Justice Maynard object to the adoption of Rule 31.01.
        Chief Justice Starcher and Justice McGraw object to Rule 42.03 as adopted.

_______________________________________
Chief Justice Larry V. Starcher

Attest: _________________________________
Clerk, Supreme Court of Appeals

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