Rule 1.Scope; conflicts
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 1
Amendment History
The West Virginia Judiciary’s compiled text of this ruleset carries no amendment order for this rule. For the adopting orders and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Two sentences set the boundary of the whole ruleset. These rules govern all proceedings in family court, with one carve-out: domestic violence civil proceedings, unless a rule here specifically reaches them.
The second sentence is the stronger one. Where these rules conflict with other rules or with statutes, these rules apply. A family court practitioner who finds a contrary provision in the Rules of Civil Procedure, or in the Trial Court Rules, or in the Code, starts from the position that the family court rule wins.
That priority is not unlimited in practice — several rules here send the reader back out to the Rules of Civil Procedure for service, discovery and sanctions procedure — but where the two collide outright, this rule decides which one yields.
Frequently Asked Questions
Which proceedings do the Family Court Rules govern?
All proceedings in family court, except domestic violence civil proceedings unless a rule specifically references them.
What happens if these rules conflict with the Rules of Civil Procedure?
These rules apply. Rule 1 states that where these rules conflict with other rules or statutes, these rules govern.
Are domestic violence cases covered?
Domestic violence civil proceedings are excepted from the general scope, unless specifically referenced in these rules.
Do the Rules of Civil Procedure still matter in family court?
Where are the terms used in these rules defined?
Rule 2, which supplies a single consolidated definition paragraph for the whole ruleset.