(a)Effective Date. – The rules shall take effect on the 1st day of January, 2002, and shall govern all Family Court proceedings after this date. (b)Transfer of Cases to Family Court. – Effective January 1, 2002, all family court cases pending before the circuit court, whether on review of recommended order or otherwise, shall be transferred to the jurisdiction of the family court. In those cases where a recommended order has been previously filed, the family court shall enter a final order as soon as practical after transfer; provided, however, that if the parties have previously filed objections to a recommended order, the family court judge shall consider those objections and rule upon them as part of the family court final order. Where a circuit court has conducted evidentiary proceedings in a case prior to January 1, 2002, the circuit court may request, by January 31, 2002, pursuant to W.Va. Code ยง 51-2A-19(b), and taking into account the circumstances of the case, that the circuit court judge be appointed as a family court judge in such case.
W. Va. R. Prac. & P. Fam. Ct. 3
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.
