Rule 59 – Compliance with Time Standards

May 14, 2021 | Family Law, West Virginia

(a)Purpose. – The time standards contained in these rules are intended to ensure that “justice shall be administered without sale, denial or delay,” in accordance with Article III, Section 17 of the West Virginia Constitution; that judges “dispose of all judicial matters promptly, efficiently, and fairly,” in accordance with Canon 3B(8) of the Code of Judicial Conduct; and that “the court, not the lawyers or litigants, should control the pace of litigation,” in accordance with Section 2.50 of the American Bar Association Standards Relating to Court Delay Reduction.
(b)Time for completion of all cases. – For cases filed after July 1, 2007 a final order shall be entered in every case within 240 days of filing of the initial pleading. All cases filed prior to July 1, 2007 shall have a final order entered by July 1, 2008.
(c)Implementation. – By July 1, 2008, the percentage of cases that each circuit shall have in compliance with section (b) above is seventy-five (75) percent.
(d)Reporting. – The Administrative Director of Courts shall receive a monthly report from the circuit clerk in each county on compliance with section (b) above.

W. Va. R. Prac. & P. Fam. Ct. 59

Added by order adopted May 22, 2007, effective July 1, 2007.