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Rules standardize deadlines and briefing: motions, replies and longer post‑trial windows

Supreme Court of Appeals of West Virginia rule revision committee webinar · February 14, 2025
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Summary

The revisions standardize timing across many rules: motions generally follow a 21/7 response/reply schedule, court counts all days for deadlines, several time limits were converted to multiples of seven (e.g., motions for new trial extended to 28 days), and scheduling orders may modify defaults.

Committee presenters said the revised rules aim for consistency and predictability by standardizing many timing rules. A committee member summarized Rule 6: "If you file a motion, you have 21 for a response and 7 days for a reply," and the rule also aligns day counting with federal practice (count every day; next business day if due date falls on a weekend or holiday).

The committee noted several deadline changes elsewhere in the rules: the motion to strike timing moved to 21 days (Rule 12), amendments as a matter of course are subject to a 21‑day limit (Rule 15), and motions for new trial under Rule 59 were extended from 10 days to 28 days. Scheduling orders continue to be able to set different timeframes as needed.