(a)Content of motions; response; reply. – Unless another form is elsewhere prescribed by these rules, a motion for an order or other relief from the circuit court shall be made by filing a written motion for such order or relief with the circuit clerk, with service upon the other party in accordance with Rule 5 of the Rules of Civil Procedure. The motion shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by a memorandum of law, affidavits or other papers, they shall be served along with the motion. A party may file a response to a motion. A reply to a response to a motion may not be filed. (b)Determination of motions for procedural orders. – Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders may be acted upon by the circuit court at any time, without awaiting a response. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action. (c)Hearing. – No oral argument shall be held on such motion, unless requested and scheduled by the circuit court.
W. Va. R. Prac. & P. Fam. Ct. 36
Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.
