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Supreme Court order adopts revised West Virginia Rules of Civil Procedure, effective Jan. 1, 2025
Summary
The Supreme Court issued a January 2024 order adopting many committee recommendations to revise West Virginia's Rules of Civil Procedure; the new rules are set to take effect Jan. 1, 2025, though circuit courts may decline retroactive application for pending cases under Rule 86.
The Supreme Court of Appeals issued an order in January 2024 adopting substantial revisions to the West Virginia Rules of Civil Procedure and set the rules to take effect Jan. 1, 2025. "In January 2024, the court adopted rules, as amended," said Casey Forbes, the webinar presenter and a member of the appellate court, noting the order is a 164‑page strike‑and‑insert document.
The order did not incorporate every committee recommendation and appended two concurring and dissenting opinions. Forbes said the court included a safety‑valve provision in Rule 86 that allows a circuit court to determine the revised rules are "not just or practical" to apply retroactively in a pending case. The webinar materials and the court's order are posted or will be posted on the court's website and elsewhere for legal research.
