Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 21 sets a 45-day clock for contempt and modification hearings, allows a hearing to be converted to a final hearing by agreement, and requires a final hearing within 220 days of the initial pleading.
(a)Contempt/show cause and modification petitions and hearings. — A party may file a petition for contempt/order to show cause or modification of any order of the court. If grounds pled warrant a contempt/show cause and modification hearing, the hearing shall take place within 45 days of the filing of a petition for contempt/order to show cause or modification. If grounds pled not warrant a hearing then the court shall enter a dismissal order within 20 days.
(b)Conversion of hearing to final hearing. — By agreement of all parties placed on the record, any hearing may be converted to a final hearing if sufficient evidence is presented to sustain the cause of action and resolve all issues.
(c)Time for final hearing. — Except for good cause shown and placed on the record, a final hearing shall not be conducted prior to expiration of the time in which the respondent is required to serve an answer. A final hearing must take place within 220 days from the date of the filing of the initial pleading. The Court has the discretion to limit the duration of final hearings.
End
Amendment History
[Amended by order adopted May 22, 2007, effective July 1, 2007.]
Plain-English Summary
A party may petition for contempt or an order to show cause, or for modification of any order. Where the grounds pled warrant a hearing, it takes place within 45 days of the petition being filed. Where they do not, the court enters a dismissal order within 20 days — so a petition that will not be heard is disposed of rather than left pending.
A hearing can change character mid-course. By agreement of all parties placed on the record, any hearing may be converted to a final hearing — but only if sufficient evidence is presented to sustain the cause of action and resolve all issues.
Two limits bracket the final hearing. Except for good cause shown and placed on the record, it may not be conducted before the respondent's time to answer has expired. And it must take place within 220 days of the filing of the initial pleading — the outer boundary of a family court case at first instance. The court may limit how long a final hearing runs.
Frequently Asked Questions
How soon is a contempt or modification hearing held?
Within 45 days of the filing of the petition, where the grounds pled warrant a hearing.
What if the petition does not warrant a hearing?
The court enters a dismissal order within 20 days.
Can a hearing become a final hearing?
Yes, by agreement of all parties placed on the record, if sufficient evidence is presented to sustain the cause of action and resolve all issues.
How soon can a final hearing be held?
Not before the respondent's time to serve an answer has expired, except for good cause shown and placed on the record.
Is there a deadline for the final hearing?
Yes. It must take place within 220 days from the date the initial pleading was filed.
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. 21). 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 contempt hearing 45 daysfinal hearing 220 days west virginia family courtmodification petition family court wv hearing timeconvert hearing to final hearing west virginia family court