Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 17 borrows the abuse-and-neglect procedures for taking a child's testimony and sets a written-motion timetable for offering a child under 14 as a witness.
(a)Procedures for taking the testimony of children. — Rules 8 and 9 of the Rules of Procedure for Child Abuse and Neglect Proceedings shall govern the taking of testimony of children.
(b)Motion to offer the testimony of a child. — A motion to offer the testimony of a child under the age of 14 shall be in writing; and shall be filed with the circuit clerk, provided to the court, and served on all parties not less than 20 days before the hearing. The court shall rule on the motion no later than five days prior to the hearing.
(c)Response to a motion to offer the testimony of a child. — Any response to a motion to offer the testimony of a child under the age of 14 shall be in writing, and shall be filed with the circuit clerk, provided to the court, and served on all parties within not less than ten days before the hearing.
End
Amendment History
[Amended by order entered and effective December 1, 2005.]
Plain-English Summary
How a child's testimony is taken is not written out here. Rules 8 and 9 of the Rules of Procedure for Child Abuse and Neglect Proceedings govern it, importing that ruleset's protections into family court.
What this rule supplies is the timetable for asking. A motion to offer the testimony of a child under 14 must be in writing, filed with the circuit clerk, provided to the court and served on all parties not less than 20 days before the hearing. The court must rule on it no later than five days before the hearing — so the parties know before they arrive whether the child will be heard.
A response must also be in writing, filed with the clerk, provided to the court and served on all parties, not less than ten days before the hearing.
Frequently Asked Questions
What governs how a child's testimony is taken?
Rules 8 and 9 of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings.
How far in advance must a motion to offer a child's testimony be filed?
Not less than 20 days before the hearing, in writing, filed with the circuit clerk, provided to the court and served on all parties.
When must the court rule on that motion?
No later than five days before the hearing.
When is a response due?
In writing, filed and served not less than ten days before the hearing.
Does the rule apply to children of any age?
The motion requirement is written for the testimony of a child under the age of 14.
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. 17). 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:testimony of children west virginia family courtmotion to offer child testimony wv family court 20 dayschild witness under 14 family court west virginiaabuse and neglect rules 8 and 9 child testimony wv