(a)Requirements for motion for continuance. – A motion for a continuance shall be in writing and shall concisely state the grounds. The motion shall be filed with the circuit clerk, and provided to the court and served on all parties not less than seven days before the hearing. A motion for continuance filed with the court less than seven days before the hearing shall be granted only in exigent circumstances that could not have been anticipated prior to seven days before the hearing. (b)Action on the motion. – No continuance shall be granted except for good cause shown, and absent exigent circumstances, no motion for a continuance shall be granted unless all parties have been accorded an opportunity to respond. The failure of a client to adhere to financial arrangements with an attorney does not constitute good cause for a continuance. The grant or denial of a motion for a continuance rests with the sound discretion of the court, except that a party shall not be granted more than one continuance. The order granting a continuance shall set the continued proceeding for a date certain, within 75 days from the date of the hearing being continued. (c)Continuances on court’s initiative. – A court may continue a hearing on its own motion for good cause. The court shall issue the order of such continuance for a date certain, no more than 75 days from the date of the hearing being continued. In addition to setting the hearing date, the order of continuance must state the following: that the cause of continuance is lack of service and the steps that will be taken to try to effect service (if applicable); or the specific grounds for the continuance. (d)Sanctions. – Costs, expenses, and attorney’s fees may be assessed against the moving party if good cause is not shown for a continuance, if the motion is filed late, or if the party has moved to continue any hearing more than once. (e)Resolution of scheduling conflicts. – Scheduling conflicts shall be resolved pursuant to Rule 5 of the Trial Court Rules. (f)Consolidation of simultaneous proceedings. – When two or more family court actions between the same two parties are pending before different family court judges, the court in which the first action was commenced shall order all of the actions transferred to it or any other family court in which such action is pending. The court to which the actions are transferred may order a joint hearing or trial of any or all of the matters in issue in any of the actions; it may order all of the actions consolidated; and it may make such other orders concerning proceedings as may tend to avoid unnecessary costs or delay.
W. Va. R. Prac. & P. Fam. Ct. 19
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adoptedMay 22, 2007, effective July 1, 2007.
