RulesofCivilProcedure.com Civil Procedure · Every State

Rule 14.Temporary relief motions

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 14 requires a motion for temporary relief to be filed at least 10 days before the hearing, and to carry a proposed temporary parenting plan where children are involved.

Full Text of Rule 14

Text size

Filing and service of motion for temporary relief. — A party seeking temporary relief must file a motion for temporary relief at least 10 days prior to any scheduled hearing. A motion for temporary relief filed fewer than 10 days before any scheduled hearing shall be heard within the sound discretion of the court. A motion for temporary relief shall be filed with the circuit clerk with a copy served on all parties unless ex parte relief is sought. Any motion for temporary relief relating to the allocation of custodial responsibility or decision making authority for minor children shall be accompanied by a proposed temporary parenting plan.
End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007.]

Plain-English Summary

A party seeking temporary relief files the motion at least 10 days before any scheduled hearing. Filing later does not make the motion a nullity — it is heard within the sound discretion of the court — but the party loses the entitlement to be heard and has to persuade the judge to take it up.

The motion goes to the circuit clerk with a copy served on all parties, unless the relief sought is ex parte.

One document must travel with it. A motion for temporary relief relating to the allocation of custodial responsibility or decision making authority for minor children must be accompanied by a proposed temporary parenting plan — and under Rule 10(d) that proposed plan is itself a pleading.

Frequently Asked Questions

How far in advance must a temporary relief motion be filed?

At least 10 days before any scheduled hearing.

What happens to a late motion?

A motion filed fewer than 10 days before a scheduled hearing is heard within the sound discretion of the court.

Does the motion have to be served?

Yes — it is filed with the circuit clerk with a copy served on all parties, unless ex parte relief is sought.

What must accompany a custody-related temporary motion?

A proposed temporary parenting plan, where the motion relates to the allocation of custodial responsibility or decision making authority for minor children.

How is a temporary relief hearing conducted?

Unless the court orders otherwise, by the presentation of evidence by proffer under Rule 16.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 14). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: west virginia family court temporary relief motiontemporary parenting plan wv family court motionten days before hearing temporary relief west virginiawv family court rule 14