(a)All pleadings filed in office of the circuit clerk. – All pleadings shall be filed in the office of the circuit clerk. The filing of pleadings prepared without the assistance of counsel, including legible handwritten pleadings, shall be permitted. (b)Identifying information required; circumstances in which identifying information may be withheld. – All pleadings, forms, and document filings shall include the name, address, telephone number and state bar identification number of counsel; or if the party is self- represented, the party’s contact information such as name, address, and a telephone number at which the party can be reached during normal business hours. Upon the filing of an affidavit asserting that the health, safety, or liberty of a party or child would be put at risk by the disclosure of identifying information, or upon a finding by the court, which may be made ex parte, that such a risk may exist, such information shall be withheld from all persons except court personnel. (c)Service when a party’s identifying information has been sealed in the file. – When a party’s identifying information has been sealed in the case file, and the opposing party needs to make service on the party whose identifying information has been sealed in the case file, the party seeking to serve a pleading shall direct the circuit clerk to make service. Service shall be made by the circuit clerk upon a party whose identifying information has been sealed in the case file. (d)Proposed parenting plans. – Parenting plans proposed by the parties are pleadings. (e)Effect of service on child support enforcement agency. – Service on the child support enforcement agency shall not constitute service on or notice to any other party. (f)Filing and service by facsimile transmission. – Pleadings and other documents may be filed and served by facsimile transmission pursuant to Trial Court Rule 12.02(b)-(f), 12.03(a)-(p), and 12.04.
W. Va. R. Prac. & P. Fam. Ct. 10
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.
