Curatorship Forms: The forms listed in this list were prepared for use in curatorship and guardianship cases in the District Courts of West Virginia in accordance with the provisions of West Virginia Code 44A-1-1, et seq., which went into effect on June 10, 1994 and was subsequently amended. At present, there is no legal mandate for the use of these forms, and the District Courts have the option of either using the forms as submitted, amending or adapting these forms, or using forms or formats other than those contained herein. Code of Criminal Procedure: These rules govern criminal proceedings in all criminal proceedings in the District Courts of West Virginia, as defined in Rule 54(c); and, whenever any of the Rules expressly provide, for criminal proceedings before the magistrates of West Virginia. Rules of Procedure for Administrative Appeals: These rules govern the procedures of all district courts for judicial review of final orders or decisions of an authority in contentious cases governed by the Administrative Procedure Act, W. Va. Code 29A-5-1 et seq. These rules do not apply to extraordinary remedies such as certiorari, which are governed by Rule 71B(a) of the West Virginia Rules of Civil Procedure. Disciplinary procedure: These rules establish the mechanisms of the Lawyers` Disciplinary Board and govern the disciplinary procedure of lawyers. There are also Rules of Procedure for Trial Courts and the Crown Court which are not published by the Rules of Civil Procedure Committee, the Rules of Criminal Procedure Committee or the Family Procedure Rules Committee. West Virginia Legal and Legal Aid Program Rules: These rules govern the West Virginia Legal and Legal Aid Program. Approved Revisions Effective September 2, 2014 – Order Rules of Evidence: With few exceptions, the Rules of Evidence apply to all prosecutions and proceedings in West Virginia courts. According to Article VIII, Section 3, of the West Virginia Constitution, the West Virginia Supreme Court of Appeals has «the power to make rules for all matters and proceedings, civil and criminal, for all courts of the State with respect to documents, warrants, procedures, practices, and procedures having the force of law.» Post-conviction habeas corpus rules: These rules set forth the procedure for post-conviction habeas corpus, which are governed by West Virginia Code 53-4A-1 et seq.

For petitions filed in state district court, all rules apply. For applications submitted to the Supreme Court of Appeal, only Rule 2 applies. West Virginia District Court Rules: The trial court rules relate to court administration and civil and criminal matters and are intended to replace matters previously covered by various local regulations. The Rules of Procedure also cover issues such as the procedure for filing a challenge to a judge, electronic filing and collective proceedings. The Family Procedure Rules are a single set of rules governing practice and procedure in family proceedings before the High Court, County Courts and Magistrates` Courts. Rules of Practice and Procedure for Civil Domestic Violence Proceedings: These rules govern civil domestic violence proceedings in district courts, family courts, and district courts in the State of West Virginia. The purpose of these Rules is to amend and revise the Rules of Procedure in Civil Proceedings before the Magistrates` Court of Victoria. Here is a summary of some important changes.

Law Admission Rules: These rules govern the procedure for admission to law in West Virginia, including the pro hac vice admission procedure. Court Reporter Forms: These forms are intended for official court reporters for a variety of administrative purposes. Code of Civil Procedure for the Magistrate Courts of West Virginia: These rules apply to all civil matters before the Magistrate Courts of the State of West Virginia. These rules supplement and replace, in some cases, the legal procedures set forth in Chapter 50 of the West Virginia Code. Magistrate Court Forms: These forms are useful in various proceedings before the courts of first instance. Code of Professional Conduct: These rules govern the professional conduct of attorneys practicing in the State of West Virginia. Rules of Practice and Procedure for Minor Guardianship Proceedings: These rules set out procedures for district and family court proceedings instituted under West Virginia Code 44-10-1, et seq. These rules do not apply to proceedings in which a minor`s claims for damages for personal injury or property damage are resolved. The procedures for these proceedings are governed by the Minor Settlement Procedures Reform Act, codified in West Virginia Code 44-10-14.

Appeal Rules: The revised Appeal Rules entered into force on 1 December 2010 and apply to all certified matters and appeals arising from decisions rendered on or after 1 December 2010. and for proceedings relating to initial jurisdiction before the Supreme Court of Appeal filed on or after 1 December 2010. Bound copies of the revised Rules, including the Clerk`s comments, are available upon request while supplies last. During business hours, contact the Supreme Court Office at (304) 558-2601 to request a printed copy. Under the West Virginia Code, effective June 16, 2011, a $200 filing fee will be charged for filing civil appeals (including family court proceedings). The filing fee is payable at the time of filing the notice of appeal. CONTENT: This page contains links to current rules and forms and is divided into five sections: Supreme Court Proceedings, District Court Proceedings, Family Court Proceedings, District Court Proceedings, Rules for Lawyers and Judges, and Miscellaneous. To review court orders related to settlements, please visit Recent Rules Orders. To view the rules that can currently be commented on, please visit the Public Comment Requests page.

Administrative Rules for Magistrate Courts of West Virginia: These rules cover a variety of administrative matters for Magistrate Courts. The Code of Criminal Procedure gives courts explicit powers to actively manage the preparation of criminal cases awaiting hearing in order to eliminate unfair and avoidable delays. Family Court Rules of Practice and Procedure: These rules govern all family court proceedings, with the exception of civil domestic violence proceedings, except as expressly provided in these rules.