Rule 20.Presentation of evidence by proffer; limitation
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 20
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
Rule 16 makes proffer the normal mode for temporary relief hearings. This rule sets the outer edge of that practice.
With the exception of hearings on temporary relief, no hearing may be conducted exclusively by the presentation of evidence by proffer. A final hearing, a contempt hearing, a modification hearing — none of them can be decided on proffer alone.
The word doing the work is "exclusively". The rule does not forbid a proffer as part of another hearing; it forbids a hearing that consists of nothing else.
Frequently Asked Questions
Can a final hearing be conducted by proffer?
Not exclusively. With the exception of hearings on temporary relief, no hearing may be conducted exclusively by the presentation of evidence by proffer.
Which hearings may run on proffer alone?
Hearings on temporary relief, under Rule 16.
Does the rule ban proffers in other hearings entirely?
No. It bars a hearing conducted exclusively by proffer, not the use of a proffer within a hearing.
Why does the exception exist?
Temporary relief is decided quickly and on limited material; Rule 16 sets proffer as the default there, and this rule confines that default to those hearings.
Does this affect contempt or modification hearings?
Yes — they are not temporary relief hearings, so they cannot be conducted exclusively by proffer.