Rule 35 – Remand to family court judge

May 14, 2021 | Family Law, West Virginia

(a)Remand orders. – An order remanding a case to a family court judge shall be entered within 60 days from the last day a response to the petition for appeal could have been filed. A remand order shall particularly identify any inadequacies in the evidentiary record; and shall indicate the specific actions to be taken by the family court judge upon remand, including the particular evidence to be taken. At the time a case is remanded the circuit court shall enter such temporary orders as the circumstances require. All remand orders shall direct the circuit clerk to provide a copy to the family court judge.
(b)Proceedings on remand. – All proceedings in cases remanded to a family court judge shall be concluded within 30 days of the date of the remand order.

W. Va. R. Prac. & P. Fam. Ct. 35

Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.