In the event this subsection is utilized, the judicial officer shall consider the order for entry upon approval by all counsel, or after five 5 days from its receipt, if no objection is received by the judicial officer. In the event counsel has any objections regarding the wording or content of a proposed order, counsel shall have the affirmative duty of contacting the preparer thereof before contacting the judicial officer in an effort to seek a resolution of the conflict.
If the conflict cannot be resolved in this manner, counsel having an objection shall promptly submit a proposed order to the judicial officer and opposing counsel as set forth in subsection c along with a letter to the judicial officer, indicating the reason for the change s.
Within five 5 days following receipt of objections and the responsive proposed order, all counsel shall file a response to the second proposed order. If the judicial officer determines that a hearing is necessary to resolve the conflict, counsel objecting to the order shall be responsible for promptly scheduling the same.
Objecting, proposing modifications, or agreeing to the form of a proposed order shall not affect a party's rights to appeal the substance of the order. Mediation Scope These rules govern mediation in the judicial system in West Virginia.
Mediation Defined Mediation is an informal, non-adversarial process whereby a neutral third person, the mediator, assists disputing parties to resolve by agreement or examine some or all of the differences between them. Selection of Cases for Mediation Pursuant to these rules and W.
Listing of Mediators The West Virginia State Bar shall maintain and make available to circuit courts, interested parties, and the public a listing of persons willing and qualified to serve as mediators in the circuit courts. Selection of Mediator Within fifteen 15 days after entry of an order or stipulation referring a case to mediation, the parties, upon approval of the court, may choose their own mediator, who may or may not be a person listed on the State Bar listing.
Compensation of Mediator If the parties by their own agreement choose a mediator who requires compensation, the parties shall by written agreement determine how the mediator will be compensated. Provision of Preliminary Information to the Mediator Before the first mediation session, the court or mediator may require the parties to provide to the mediator pertinent information including but not limited to pleadings, transcripts, and other litigation-related documents.
Time Frames for Conduct of Mediation Unless otherwise agreed by the parties and the mediator or ordered by the court, the first mediation session shall be conducted within sixty 60 days after appointment of the mediator. Appearances; Sanctions The following persons, if furnished reasonable notice, are required to appear at the mediation session each party or the party's representative having full decision-making discretion to examine and resolve issues; each party's counsel of record; and a representative of the insurance carrier for any insured party, which representative has full decision-making discretion to examine and resolve issues and make decisions.
Participation No party may be compelled by these rules, the court, or the mediator to settle a case involuntarily or against the party's judgment. Confidentiality of Mediation Process Mediation shall be regarded as confidential settlement negotiations, subject to W.
Immunity A person acting as mediator under these rules shall have immunity in the same manner and to the same extent as a circuit judge.
Enforceability of Settlement Agreement If the parties reach a settlement and execute a written agreement, the agreement is enforceable in the same manner as any other written contract. Report of Mediator Within ten 10 days after mediation is completed or terminated, the mediator shall report to the court the outcome of the mediation. Statistical Information The Supreme Court of Appeals shall determine the repository of statistical records and the method for statistical reporting on court-based mediation.
Mass Litigation Mass Litigation — Preamble There is hereby adopted a process for efficiently managing and resolving mass litigation which includes the establishment of a Mass Litigation Panel. Application These rules apply to and govern all actions in the circuit courts referred and transferred by the Chief Justice as Mass Litigation to the Panel.
The motion shall identify the nature of the actions sought to be referred, the number of plaintiffs, the number of defendants, the number of actions pending, the basis for the request, a listing of the particular actions in all the circuits for which a referral is being requested, and, if known, whether additional related actions may be filed in the future. The motion may be filed within six 6 months after the filing date of the action; provided, however, that a judge or the Administrative Director of the Courts may file the motion at any time, if it is determined the litigation qualifies as Mass Litigation that may be resolved more expeditiously by referral to the Panel.
The motion shall be served on all the parties, including those parties not represented by counsel, all judges in actions which are the subject of the motion, and the Panel's Mass Litigation Manager. Any party shall have twenty 20 days after the motion is filed to file a reply memorandum stating its position and opposition, if any. Any affected judge may file a reply memorandum within twenty 20 days thereafter.
The filing of a Motion to Refer to the Mass Litigation Panel shall not operate as a stay of the civil action s. After the response periods have expired, the judge of the circuit court in which the Motion to Refer to the Mass Litigation Panel was filed shall direct the clerk of the circuit court to transmit to the Clerk of the Supreme Court of Appeals for filing a copy of the motion and all reply memoranda for review by the Chief Justice.
Upon review of the motion and reply memoranda, the Chief Justice may act directly upon the motion or may direct the Panel to conduct a hearing and make recommendations concerning coordinated or consolidated proceedings under this rule. If the Chief Justice directs, a Panel member or members shall hold a hearing to receive evidence and entertain arguments by the parties or any judge, and shall submit findings of fact and a recommendation to the Chief Justice.
The Chief Justice, whether acting directly upon the motion or upon the recommendation of the Panel member or members, shall enter an order either granting or denying the motion, or providing modified relief. The order shall be filed with the Clerk of the Supreme Court of Appeals who shall send a copy of the order to the Panel Chair and to the clerk s of the circuit court s where the actions are pending for service on all parties. Nothing contained in this rule affects the authority of a circuit court judge to act independently under the provisions of W.
Upon receipt of the order, the Panel Chair shall, with the advice and consent of the Panel, by order assign a Presiding Judge. If more than one Presiding Judge is assigned, the Panel Chair shall, with the advice and consent of the Panel, by order appoint a Lead Judge, and in such event, to the extent possible, require appropriate measures to be adopted to insure uniformity of decisions, including the requirement for all pre-trial dispositive motions to be decided by a majority of the Presiding Judges assigned to preside in the Mass Litigation or proceedings therein.
If the Panel requests the assignment of additional active or senior status circuit court judges to assist in resolving Mass Litigation or proceedings therein, the request and recommendation shall be filed with the Clerk of the Supreme Court of Appeals and sent to the Chief Justice.
The order of assignment by the Chief Justice shall be filed with the Clerk and sent by the Clerk to the Panel Chair and to the clerk of the circuit court where the Mass Litigation is pending for service on all parties.
Powers of Presiding Judge The Presiding Judge is authorized to preside in any circuit in which Mass Litigation or proceedings therein are pending, or in which Mass Litigation or proceedings therein are transferred for purposes consistent with the Panel's case management and trial methodologies.
The Presiding Judge shall have the sole authority to supervise the jury selection process, to disqualify a prospective juror from jury service, and to excuse jurors from juror service in Mass Litigation to which the Presiding Judge has been assigned, all pursuant to W. Motion to Join in Existing Mass Litigation This procedure applies if the initial order by the Chief Justice granting a Motion to Refer to the Mass Litigation Panel authorizes the Panel to transfer and join with the existing Mass Litigation any similar or related actions subsequently filed in any circuit court.
A Motion to Join in Existing Mass Litigation shall be filed with the clerk of the circuit court s where the action s sought to be transferred are pending and with the clerk of the circuit court where the existing Mass Litigation is pending. The motion shall set forth the identity and nature of the action s sought to be transferred, the number of plaintiffs, the number of defendants, the number of actions pending, the basis for the request, a listing of the particular actions in all the circuits for which a transfer is requested, and, if known, whether additional related actions may be filed in the future.
The motion shall be served on all parties, including those not represented by counsel, and sent to all judges in the action s sought to be transferred and to the Presiding Judge in the existing Mass Litigation sought to be joined. The Presiding Judge in the existing Mass Litigation shall, with the advice and consent of the Panel, grant or refuse the motion by written order.
The order shall be filed with the clerk of the circuit court where the existing Mass Litigation is pending, and shall be sent to the Panel Chair, and to the clerk s of the circuit court s where the action s sought to be transferred are pending for service on all parties. If the initial order by the Chief Justice granting a Motion to Refer to the Mass Litigation Panel does not authorize the Panel to transfer and join with the existing Mass Litigation any subsequently filed actions, the procedure under Rule Class Actions If any Mass Litigation transferred to the Panel is later certified as a class action by any court pursuant to Rule 23, W.
Official Reporter In each Mass Litigation proceeding, the Presiding Judge shall determine and designate the official court reporter to transcribe proceedings. Scope; Conflicts If these Rules conflict with other rules or statutes, these rules shall apply; otherwise all applicable Rules apply.
Compensation of Experts The court shall by order establish in advance the reasonable fees and expenses to be paid to an expert. Reasonable Efforts and Contrary to the Welfare Findings in Juvenile Cases After any juvenile delinquency or abuse and neglect proceeding has been initiated or transferred to circuit court, any party may contest the making or refusal to make "reasonable effort" and "contrary to the welfare" findings required by Title IV-E of the Social Security Act, by any magistrate court, juvenile referee or circuit court at the initial stages of such proceeding.
Business Court Division The Business Court Division "Division" consists of up to seven 7 active or senior status circuit court judges who shall be appointed by the Chief Justice, with the approval of the Supreme Court of Appeals. Application These rules apply to and govern all actions in the circuit courts that are referred and transferred by the Chief Justice as Business Litigation to the Division. To protect confidentiality of the mediation process, communication between the presiding and resolution judge regarding the mediation during or after the process shall be limited to procedural status or other matters agreed to by all parties.
The presiding judge will retain control and jurisdiction over the case. The motion shall identify the nature of the action s sought to be referred, the basis for the request, and, if known, whether additional related actions are pending or may be filed in the future.
A copy of the complaint, answer, docket sheet and any other documents that support referral under Trial Court Rule The motion shall be filed after the time to answer the complaint has expired. For good cause shown to the Chief Justice, the motion may be filed sooner. The motion shall be served on all the parties, including those parties not represented by counsel, all judges in action s that are the subject of the motion, the circuit clerk where the case is pending, and the Central Office of the Business Court Division.
Any party or affected judge shall have twenty 20 days after the motion is filed to file a reply memorandum stating its position and opposition, if any. The Chief Justice shall have the authority to grant or deny the motion to refer without response for good cause shown.
The filing of a Motion to Refer shall not operate as a stay of the civil action s , unless otherwise ordered by the judge of the circuit court in which the case is pending. After the response period has expired, upon review of the motion and reply memoranda, the Chief Justice may act directly upon the motion or may direct the Division to conduct a hearing. If the Chief Justice directs, a Division member or members shall hold a hearing to receive evidence and entertain arguments by the parties or any judge, and shall submit findings of fact and a recommendation to the Chief Justice.
The Chief Justice, whether acting directly upon the motion or upon the recommendation of the Division member or members, shall promptly enter an order either granting or denying the motion, or providing modified relief. The order shall be filed with the Clerk of the Supreme Court of Appeals who shall send a copy of the order to the Division Chair, to the Central Office of the Business Court Division, and to the clerk s of the circuit court s where the action s are pending for service on all parties.
Upon receipt of the order, the Division Chair shall, with the advice and consent of the Division, enter an order assigning Presiding and Resolution Judges. Powers and Duties of Presiding and Resolution Judges The Presiding Judge is authorized to preside in any circuit in which Business Litigation or proceedings therein are pending, or in which Business Litigation or proceedings therein are transferred for purposes consistent with the Division's case management and trial methodologies.
Within thirty 30 days of being assigned, the Presiding Judge shall conduct a case management and scheduling conference.
Within fifteen 15 days of the case management conference, the Presiding Judge shall issue a case management order that includes any deadlines or procedures deemed appropriate to fairly and efficiently manage and resolve the Business Litigation. The Presiding Judge may schedule conferences, motions, mediation, pretrial hearings, and trials in any circuit court courtroom within the Assignment Region, with due consideration for the convenience of the parties.
The Presiding Judge shall have the sole authority to supervise the jury selection process, to disqualify a prospective juror from jury service, and to excuse jurors from juror service in Business Litigation to which the Presiding Judge has been assigned, all pursuant to W.
The Business Litigation should proceed to final judgment in an expedited manner. The time standards for general civil cases set forth in Trial Court Rule All other time standards for service of notices and entry of order set forth in the West Virginia Rules of Civil Procedure shall apply unless modified by order entered by the Presiding Judge.
The Resolution Judge is authorized to schedule and conduct mediation of the case or any Alternative Dispute Resolution as agreed to by the parties and the Resolution Judge in an attempt to resolve the case in an expedient and efficient manner. The Notice of Electronic Filing will include the Document filed as an attachment or a link to download the Document. Electronic service shall be treated the same as service by mail for purposes of the Rules of Civil Procedure and the Rules of Practice and Procedure for Family Court.
It is the responsibility of the User to check their registered email to view e-filed and served documents. Courtesy copies not generated by the E-Filing System shall not constitute service. Where required, a User making a filing on the E-Filing System must complete a Certificate of Service that complies with the Rules of Civil Procedure and Rules of Practice and Procedure for Family Court and include it with any Document filed electronically, noting the manner in which each party was served.
Documents required to be served in conformity with Rule 4, Rule 4. A User making a filing on the E-Filing System must determine if any parties in the Action are not Users and therefore not capable of receiving electronic service.
If any such non-User has appeared as a party in the Action, the User making an e-filing must provide service to the non-User using traditional service methods in accordance with the Rules of Civil Procedure and Rules of Practice and Procedure for Family Courts. If a party misses a filing deadline because of an inability to electronically file Documents based upon the unavailability of the E-Filing System, the party may submit the untimely Document, accompanied by a sworn declaration stating the reason for missing the deadline no later than p.
Any documents that are subject to a motion to seal shall be delivered to the Clerk who shall electronically file said documents under seal and return the originals. Redactions, where necessary, shall ensure complete privacy of the information. It shall be the sole responsibility of the User filing a Document to comply with this Rule.
Neither the court nor the circuit clerk shall be responsible for reviewing Documents for compliance with this Rule. Orders issued by the court shall bear a typographic signature and an official e-filing court stamp, and shall be e-filed and served.
Non-Users shall be served in accordance with the Rules of Civil Procedure. The date of the official e-filing court stamp shall constitute the date of entry of the order. E-filed orders maintained as part of the electronic register of actions shall satisfy the requirements of Rule 77 d of the Rules of Civil Procedure and Rule 5 of the Rules of Practice and Procedure for Family Court.
An electronic register of actions, with associated documents and filing receipts, shall be maintained as part of the E-Filing System and shall constitute the electronic docket and satisfy the requirements of Rule 79 of the Rules of Civil Procedure and Rule 5 of the Rules of Practice and Procedure for Family Court.
Documents that are e-filed constitute the official court record, and e-filed documents have the same force and effect as documents filed by traditional means and are deemed to be in compliance with Trial Court Rule The circuit clerk where an E-File Case is pending shall make available to the general public access to the electronic docket, pleadings and other documents that are not sealed or otherwise confidential.
Accordingly, it directs circuit courts and their officers to comply with these rules, which provide time standards for the processing of all cases except for those governed by statute or in which the circuit court finds, on the record, that extraordinary circumstances exist for exemption from these standards. A final judgment or decree shall be entered in extraordinary, declaratory judgment, and equitable proceedings within one month of submission.
Upon a proper disqualification motion, as set forth in this rule, a judge shall be disqualified from a proceeding only where the judge's impartiality might reasonably be questioned in accordance with the principles established in Canon 2, Rule 2. In the absence of a disqualification motion having been filed, except as provided by Rule The preceding provisions of this rule do not apply to the assignment or reassignment of cases within a multi-judge circuit previous to the filing of a motion for disqualification.
Computation of any time period prescribed or allowed by this rule shall be governed by W. All rulings and orders relating to the recusal or disqualification of a judge shall be considered interlocutory in nature and not subject to direct or immediate appeal.
This rule shall not, however, prohibit any party from seeking or using redress available by writ of prohibition, mandamus, or any other appropriate extraordinary writ as may be necessary to assure compliance with these rules by a circuit court judge.
This rule is not intended to provide a means to challenge an interlocutory ruling by the Chief Justice on such disqualification issues. If a motion is signed in violation of TCR This Rule applies to all types of proceedings in circuit court, family court, and magistrate court.
A person or entity not a party to a proceeding may only be required to produce a recorded interview, any transcript thereof, and any related documentation pursuant to the following procedure and conditions:. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. All Rights Reserved. Search the site. Repeal of Local Rules All circuit court local rules, including local procedures and standing orders having the effect of local rules, enacted before July 1, , which are inconsistent with these Trial Court Rules or other rules of court are hereby repealed.
In addition, the term "court" may also mean magistrate court proceedings, when specific reference is made to magistrate court. Rule 2. Terms of Court The terms of the circuit courts shall commence and be held each year as provided in this rule. Rule 3. Court Sessions Generally The court is considered open and in continuous session in all divisions of the circuit court in accordance with the provisions of W.
Opening Court When the judge enters the room for the purpose of opening court, the sheriff, deputy, or designated bailiff shall say in a distinct voice: "Silence, all present will arise. Rule 4. Counsel Admission to Practice Before the Courts Any person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar shall be permitted to practice before the courts of this State. Visiting Attorneys; Pro Hac Vice Admission Any person who has not been admitted to practice before the Supreme Court of Appeals of West Virginia, but who is a member in good standing of the bar of the Supreme Court of the United States, the bar of the highest court of any other state in the United States, or the bar of the District of Columbia which bar shall extend like privileges to members of The West Virginia State Bar , shall be permitted to appear pro hac vice as a visiting attorney in a particular case, in association with a person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar, in accordance with Rule 8.
The court, at its discretion, may set the matter of pro hac vice admission for hearing. Representation of Parties and Pro Se Appearances; Withdrawal Every party to proceedings before any court, except parties appearing pro se, shall be represented by a person admitted to practice before the Supreme Court of Appeals of West Virginia and in good standing as a member of its bar and may be represented by a visiting attorney as provided in Rule 4.
A party appearing pro se shall, at his or her first appearance, file with the clerk their complete names and addresses where pleadings, notices, and other papers may be served upon them, and their telephone numbers. No attorney who has entered an appearance in any civil or criminal action shall withdraw the appearance or have it stricken from the record, except by order.
Such approval shall rest in the sound discretion of the court, but shall not be granted until the attorney seeking to withdraw has made reasonable effort to give actual notice to the client: that the attorney wishes to withdraw; that the court retains jurisdiction; that the client has the burden of keeping the court informed where notice, pleadings, or other papers may be served; that the client has the obligation of preparing for trial or hire other counsel to prepare for trial when the trial date has been set; that if the client fails or refuses to meet these burdens, the client may suffer possible default; that the dates of any proceedings, including trial, and the holding of any such proceedings will not be affected by the withdrawal of any counsel; that service of process may be made upon the client at the client's last known address; and of the client's right to object immediately to attorney's intent to withdraw.
Substitution of Counsel by Stipulation A stipulation for substitution of counsel shall: bear the written approval of the client; bear the signed statement by the substituting attorney consenting to the substitution and stating that the substituting attorney is advised of the trial date and will be prepared for trial on such date; and be accompanied by a proposed written order, which may be presented ex parte; and be served upon opposing counsel.
Bias and Prejudice The West Virginia Supreme Court of Appeals aspires to achieve absolute fairness in the determination of cases and matters before all the courts of this State and expects the highest standards of professionalism, human decency, and considerate behavior toward others from its judicial officers, lawyers, and court personnel, as well as from all witnesses, litigants, and other persons who come before the courts.
Attire for Court Appearances Counsel shall at all court appearances present themselves attired in a manner befitting their profession and indicative of their respect for the court, and shall admonish their clients and witnesses concerning inappropriate courtroom attire. Addressing the Court; Examination of Witnesses A court may direct that counsel stand when addressing the court. Contact with Jurors No party, nor his or her agent or attorney, shall communicate or attempt to communicate with any member of the jury or any member of the juror's immediate family who resides in the same household, until that juror has been excused from further service for a particular term of court, without first applying for with notice to all other parties and obtaining an order allowing such communication.
Ex Parte Presentations; Duty to Court In the event that any ex parte matter has been presented to any judicial officer and the requested relief is denied for any reason, such matter shall not be presented to any other judicial officer without making a full disclosure of the prior presentation.
Rule 5. Scheduling Conflicts Purpose These rules have been adopted in order to provide a uniform standard for the resolution of scheduling conflicts between and among State and federal magistrate, trial and appellate courts and federal bankruptcy courts of West Virginia. General Priorities In resolving scheduling conflicts the following priorities should ordinarily prevail: appellate cases should prevail over trial cases; criminal felony trials should prevail over civil trials; cases in which the trial date has been first set by published calendar, order or notice should take precedence over cases which were set later; trials should prevail over hearings, and hearings should prevail over conferences; and, trials and hearings of a judge in travel status should prevail over trials and hearings of a judge sitting in residence.
Notice of Conflict It shall be the duty of an attorney upon learning of an imminent scheduling conflict to give written notice to opposing counsel, the clerks of all courts, and the presiding judges, if known, in all cases, stating therein the circumstances above relevant to a resolution of the conflict under these rules.
Resolution of Conflict The judges of the courts involved in a scheduling conflict shall promptly confer, resolve the conflict, and notify counsel of the resolution. Rule 6. All memoranda, motions, and other papers shall be printed or typed and reproduced by any duplicating or copying process which produces a clear black image on white paper. The text shall be double-spaced and be no smaller than twelve 12 - point proportionally spaced or eleven 11 -point nonproportionally spaced type.
Footnotes and indented quotations may be single-spaced, and footnote text shall be no smaller than eleven 11 -point proportionally spaced or ten 10 -point nonproportionally spaced type. Margins shall be no less than one inch. A motion, response to a motion, or memorandum shall contain captions setting forth the name of the court; the number of the case, if assigned; on the line below the case-number line, the name of the assigned judge; the style of the case; and a brief descriptive title indicating the nature of the document.
A motion, response to a motion, or memorandum shall also contain the name, bar identification number, address, and telephone number of the counsel or party, if unrepresented by counsel, filing the document. Counsel shall also name the party they are representing. Time for Filing. Except by permission or order of the court, no pleading shall be filed less than forty-eight 48 hours prior to oral presentation or argument of a proceeding.
Citation Form Citations in motions and memoranda must be in a generally accepted citation form. Copies of Memoranda Parties must file with the clerk of court the original of each memorandum. Rule 7. Juries Master List A master list of prospective jurors shall be maintained as provided in W. Jury Panels and Pools Any panel or pool of jurors drawn from the jury wheel or box pursuant to W. Magistrate Court Juries When a jury trial is scheduled in magistrate court, the magistrate court clerk shall forthwith, but no later than five days before the scheduled trial date, inform the circuit clerk of the number of prospective jurors required.
Rule 8. Cameras, Audio Equipment, and Media in the Courtroom Permission of the Court Required Cameras and audio equipment may be permitted in and around the courtrooms at the discretion of each presiding circuit judge or magistrate hereafter in this Rule 8, presiding officer. Termination of Coverage After the proceedings have commenced, the presiding officer shall terminate coverage of any portion of the proceedings or of the remainder of the proceedings if the presiding officer determines that coverage will impede justice or deny any party a fair trial.
Scope of Coverage Camera coverage shall be limited to those proceedings open to the public. Nonjudicial Meetings Coverage of any nonjudicial meeting or other gathering in the courtrooms shall be determined by the concurrence of the sponsoring group and the presiding officer and shall be conducted in accordance with these rules. Equipment and Personnel The following equipment and persons shall be the maximum equipment and broadcast personnel permitted in the courtroom at any one time: One portable television camera or film camera with not more than one person operating the same.
One still photographer with one camera and not more than two lenses and necessary related equipment. As used in these rules, "television equipment" includes both film and videotape cameras. Only television equipment which does not produce distracting sound or light shall be employed in the courtroom. No artificial lighting other than that normally present in the courtroom shall be employed in the courtroom except that, with the concurrence of the presiding officer, modifications and additions may be made to lighting in the courtroom, provided that such modifications or additions are installed and maintained without public expense.
Only film and video cameras without working audio pickup, unless otherwise approved by the presiding officer, shall be employed in the courtroom. Only still camera equipment that does not produce distracting sound or light shall be employed in the courtroom.
Audio equipment of any type shall not be permitted in the courtroom at any time, without prior permission of the presiding officer. If permission is given, not more than one audio system for radio broadcast shall be permitted in any proceeding. If a technically suitable audio system exists in the court facility, audio pickup for both radio and television shall be accomplished from such system.
If a technically suitable audio system does not exist in the court facility, microphones and related wiring shall be unobtrusive and shall be located in places designated in advance of the proceeding by the presiding officer. Location of Equipment The equipment as designated above shall be located in the courtroom as follows: Television equipment shall be positioned in such location in the courtroom as shall be designated by the presiding officer.
All camera equipment shall be positioned only in such area. Television equipment shall be positioned in an area outside the courtroom if that is technically possible.
Cables and wiring will be placed in a safe and unobtrusive manner. A still camera photographer shall position himself or herself in such location in the courtroom as shall be designated by the presiding officer. The photographer shall assume a fixed position within the designated area and shall act so as not to create a disturbance or call attention to himself or herself through further movement.
The photographer shall not move about the courtroom. Audio equipment shall be positioned in such location in the courtroom as shall be designated by the presiding officer. Representatives of the media shall not move about the courtroom while a proceeding is in progress, and equipment, once positioned, shall not be moved during a proceeding.
Pooling Arrangements Any pooling arrangements among those seeking to provide camera coverage that are required by these limitations on equipment and personnel shall be the sole responsibility of media persons. Admissibility in Evidence None of the film, videotape, photograph, or audiotape developed during any proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent or collateral thereto, or upon any retrial or appeal of such proceeding, unless the presiding officer has designated it as part of the official record of the proceeding.
Prior Approval to Identify or Show Jurors Without prior approval by the presiding officer, no person shall broadcast or publish any written report, film, videotape, photograph, audio tape, or other report of any kind or character, taken or made in or out of the courtroom where the face of a juror is shown or the identity of any juror is stated or is otherwise discernable.
Rule 9. Custody and Disposition of Exhibits Generally After being marked for identification, exhibits of a documentary nature admitted in evidence or made a part of the record in any case pending or tried in court shall be placed in the custody of the clerk unless otherwise ordered. Rule No papers shall be removed from any file, except by order of court. Papers on file in the office of the clerk shall be produced pursuant to subpoena from a court of competent jurisdiction directing their production.
Removal of Files. No files may be removed from the office of the clerk, except upon order of the court. The clerk may, however, permit temporary removal of a court file by authorized court personnel, provided that the clerk maintain a record of the individual removing the file, noting, at minimum, the date and time of its removal and return.
Upon motion by either party named in any civil action, the court may limit access to court files. The order of limitation shall specify the nature of the limitation, the duration of the limitation, and the reason for the limitation. Upon motion filed with the complaint, accompanied by a supporting affidavit, limitation of access may be granted ex parte. Review of Order. An order limiting access may be reviewed by the court at any time on its own motion or upon the motion of any person.
Any elected or appointed official or other court employee charged with administering the judicial system shall promptly respond to any request filed pursuant to the West Virginia Freedom of Information Act.
Reasonable facilities for taking memoranda or abstracts from the court file or other public record shall be provided. If the court file or public record requested exists in magnetic, electronic or computer form, when requested, the custodian of the records shall make copies available in the format in which it is stored on magnetic or electronic media. The court, circuit clerk, or other court employee may charge a fee reasonably calculated to cover the actual cost of reproducing or otherwise making available the public records.
Caption and Format of Orders Captions Every order shall carry captions setting forth: the name of the court; the number of the case; on the line below the case-number line, the name of the assigned judge; the style of the case; and a heading that generally and concisely describes the nature or purpose of the court's action. Format Every order shall designate the date of the proceeding and shall be double spaced. Filing and Service by Facsimile Transmission Applicability All courts within the state shall maintain a facsimile machine within the office of the clerk, shall accept the filing of pleadings and other documents, and may send documents by facsimile transmission to the extent expressly provided for in these rules and not in conflict with statutes or other court rules.
Definitions Courts. The term "courts" is defined as the supreme court of appeals, circuit courts, and magistrate courts.
Facsimile Transmission. The term "facsimile transmission" is defined as the transmission of a document by a system that encodes the document into electronic signals, transmits these electronic signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end. Facsimile Transaction. The term "facsimile transaction" is defined as the facsimile transmission of a document to or from acourt.
Service by Facsimile Transmission. The term "service by facsimile transmission" is defined as transmission of a motion, notice, or other document to an attorney, attorney-in-fact, or a party under these rules.
Facsimile Machine. The term "facsimile machine" is defined as a machine that can send and receive on plain paper a facsimile transmission using the international standard for scanning, coding, and transmitting established for Group 3 machines by the Consultative Committee of International Telegraphy and Telephone of the International Telecommunications Union CCITT , in regular resolution. The term "fax" is defined as a facsimile transmission as defined in TCR General Provisions Availability of Facsimile Services.
Each circuit clerk shall have a facsimile machine available for court-related business during regular business hours and such additional hours as may be established by the chief judge. Each magistrate clerk shall have a facsimile machine available for court-related business twenty-four 24 hours per day, seven 7 days per week.
Form and Format. All documents conveyed via facsimile transmission must conform in form and format to existing standards established by applicable statutes or rules of court.
Page Limitation. No facsimile transmission over twenty 20 pages in length including the cover sheet shall be accepted unless prior consent is given by the court or by the clerk of the court. Oversized Documents.
Facsimile Cover Sheet. The sender must provide his or her or the entity's name, address, telephone number, facsimile number, the document s being transmitted by caption and matter, and the number of pages including the cover sheet , and must provide clear and concise instructions as needed concerning processing.
Presumption of Authenticity. Any signature appearing on a facsimile copy of a court pleading or other document shall be presumed to be authentic. Upon demand by the receiver, the sender of a fax shall make available to the receiver for inspection the original physically signed document or, if the court is the sender, a certified copy of the original physically signed document. Verification of Receipt. Court personnel shall verify, either orally or in writing, the receipt of documents filed by facsimile transmission upon proper inquiry by the sender.
Filing Effective upon Receipt of Transmission. A facsimile copy of a pleading or other document shall be deemed filed when it is received in its entirety on a clerk's facsimile machine without regard to the hours of operation of the clerk's office. Upon receiving a faxed filing, the clerk of the court shall note on the facsimile copy the filing date, in the same manner as with pleadings or other documents filed by mail or in person. Payment of Fees. Any required filing or other fee shall be paid by mail or in person following a facsimile filing as follows: the required fee, accompanied by a copy of the facsimile filing cover sheet, shall be deposited with the court not later than seven 7 calendar days after the filing by fax.
The clerk of the court may decline to process the pleading or other document until receipt of any required filing fee, and the court shall withhold the entry of judgment pending receipt of fees. If any required fee is not received by the court within seven 7 calendar days after the filing by fax, the filing shall be voidable and no further notice need be given any party. Filing of Original. The filing of the original shall not be required, unless otherwise ordered by the court or directed by the clerk of the court.
Retention of Original. If filing of the original is not required, the sender must retain the original physically signed document in his or her possession or control. Photocopying Charges. The sender shall be responsible for any photocopying charges associated with the processing of any document filed by facsimile transmission. Transmission Error. If there is an error in any facsimile transmission, the clerk shall not accept or note the document as filed until a corrected, acceptable document is received.
If the receiver discovers or suspects a transmission error, the receiver shall notify the sender as soon as possible. The sender bears any risk of using facsimile transmission to convey any document to a court.
The potential receiver bears any risk of receiving any document by facsimile transmission from a court. Nunc Pro Tunc Filing. If the attempted facsimile transmission is not accepted as filed with the court because of a transmission error or other deficiency, the sending party may move acceptance nunc pro tunc by filing a written motion with the court. The motion shall be accompanied by the activity report or other documentation in order to verify the attempted transmission.
The court, in the interest of justice, and upon the submission of appropriate documentation, may entertain the motion and hold a hearing in its discretion. Facsimile Receipt and Transmission; Fees. The clerk may send or receive facsimile transmissions involving court-related business. Except for mental hygiene applications or where otherwise prohibited by law or court rule, a party may file any document in a civil action, other than a complaint or petition, by facsimile transmission to any clerk's office having a facsimile machine.
The clerk shall accept the document as filed if the filing and the document comply with these and other applicable rules and statutes. Service of any document in a civil action, other than original process, may be made by facsimile transmission subject to the provisions of these rules, other applicable rules and statutes, and W.
When Service Complete. Service by fax is complete upon receipt of the entire document by the receiver's facsimile machine. Proof of Service. If, during the pendency of an action in this Court, the identity of counsel of record for a party changes, substituted counsel of record must file a notice of appearance, with copies to all other counsel of record or unrepresented parties, setting forth the circumstances requiring a substitution of counsel.
Substitution of counsel less than ten days prior to a scheduled argument is permitted only by leave of Court in extraordinary circumstances. Appearance by attorneys not admitted to practice in West Virginia.
Attorneys from other jurisdictions who are not members in good standing of the West Virginia Bar may not appear in a proceeding in this Court without first being admitted pro hac vice.
Because an action in this Court is a separate proceeding, pro hac vice admission is necessary, including payment of the requisite fee under Rule 8 of the Rules for Admission to the Practice of Law , even if counsel has previously been admitted pro hac vice in the same case in a lower tribunal. A prospective filing may be lodged with the Clerk prior to the time that leave to practice pro hac vice has been granted only if a complete motion for admission pro hac vice is filed at the same time the prospective filing is lodged.
Withdrawal of counsel. In order to withdraw as counsel in an action pending in this Court in which counsel has previously appeared, counsel must provide the Court with documentation that counsel has fully complied with the requirements of Trial Court Rule 4. Counsel is not relieved of the obligation to comply with all applicable deadlines and obligations in the case until such time as the Court enters an order permitting counsel to withdraw.
When counsel is directed by a client to file an appeal in a criminal case, habeas corpus case, or an abuse and neglect case, counsel will not be permitted to withdraw solely on the basis that counsel lacks a good faith belief that an appeal is reasonable and warranted under the circumstances. Good faith may at times be defined by the legal obligation of counsel to file a brief referring to any point in the record that might arguably support the appeal in instances where a client insists on appeal after being advised that the appeal is wholly frivolous.
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