(a)Scheduling orders. – An initial scheduling order shall be entered within 45 days after the filing of the initial pleading. (b)Content of scheduling orders. – A scheduling order shall contain a notice that any hearing may be converted to a final hearing, and shall include dates for the temporary hearing, if applicable, final hearing, and submission and/or completion of any of the following matters which have not been submitted or completed at the time the order is entered: statements of the issues; updated financial disclosures completed on the form approved by the supreme court of appeals; updated and/or proposed parenting plans; separation agreements; witness and exhibit lists; discovery, investigations, appraisals, tests, or evaluations; premediation screening; parent education courses; and such other matters as the Court shall deem appropriate. (c) Any final hearing held by the Court that is not a hearing resolving all issues in the case shall require a subsequent scheduling order to be entered within 20 days of the hearing. The content of the scheduling order shall comply with subsection (b) of this rule. (d)Sanctions for noncompliance with orders. – If a party or attorney fails to comply with an order, fails to attend a scheduled hearing/conference, is substantially unprepared to participate in a scheduled hearing/conference, or fails to participate in good faith, the court may make any of the orders or impose any of the sanctions provided by Rule 16 of the Rules of Civil Procedure.
W. Va. R. Prac. & P. Fam. Ct. 24
Amended by order adopted May 22, 2007, effective July 1, 2007.
