Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 22 sets the deadlines and content for family court orders, the procedure when an attorney is assigned to draft one, the appeal language a final order must carry, and the power to dismiss a dormant case.
(a)Requirements for timeliness and content. — All orders shall be entered by the court within 20 days of the hearing, except a temporary support order must be entered within one business day of the hearing, and shall contain a provision directing the circuit clerk to provide certified copies to all parties.
(b)Preparation of orders and findings. — In proceedings in which both parties are self-represented, the court shall prepare all orders and findings of fact. In proceedings in which one or both parties are represented by attorneys, the court may assign one or more attorneys to prepare an order or proposed findings of fact. An attorney assigned to prepare an order or proposed findings shall deliver the order or findings to the court no later than ten days after the conclusion of the hearing giving rise to the order or findings. Within the same time period the attorney shall send all parties copies of the draft order or findings together with a notice which informs the recipients to send written objections within five days to the court and all parties. If no objections are received, the court shall enter the order and findings no later than three days following the conclusion of the objection period. If objections are received, the court shall enter an order and findings no later than ten days after the receipt of the objections.
(c)Family court final orders. — A family court final order shall contain language explicitly informing the parties (1) that it is a final order; (2) that any party aggrieved by the final order may take an appeal either to the intermediate court of appeals or directly to the supreme court of appeals under West Virginia Code §51-2A-15; (3) that an appeal to the intermediate court of appeals may be filed by either party within thirty days after entry of the final order; and (4) that in order to appeal directly to the supreme court both parties must file, either jointly or separately within fourteen days after entry of the final order, a joint notice of intent to appeal and waiver of right to appeal the intermediate court of appeals.
(d)Sanctions against attorneys for untimely preparation of orders. — If an attorney assigned to prepare an order or proposed findings fails to prepare the order or findings in a timely manner, or otherwise fails to comply with the provisions of this rule, the court may direct one or more attorneys for other parties to prepare the order or findings; and may require the attorney initially assigned to prepare the order or findings to pay reasonable attorney fees. If, after providing notice and a reasonable opportunity to respond, the court finds that an attorney is still willfully noncompliant with the provisions of this rule, the court may file a complaint with the Office of Disciplinary Counsel, with a copy of the complaint provided to the parties.
(e)Dismissal. — In any action which is pending for more than one year where there has been no order or proceeding, or the petitioner has failed to pay accrued court costs, the court may, in its discretion, order such action to be stricken from its docket; and it shall thereby be discontinued. The court may direct that the order be published in such newspaper named by the court. The court may, on motion, reinstate on its docket any action dismissed under this rule, within one year after entry of the dismissal order; but an order of reinstatement shall not be entered until the accrued costs are paid. Before a court may dismiss an action under this Rule, notice and an opportunity to be heard must be given to all parties of record.
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
Orders are entered within 20 days of the hearing — except a temporary support order, which goes in within one business day — and every order must direct the circuit clerk to provide certified copies to all parties.
Who drafts depends on who is represented. Where both parties are self-represented, the court prepares all orders and findings of fact itself. Where one or both have attorneys, the court may assign one or more of them to prepare an order or proposed findings. An assigned attorney delivers to the court within ten days of the hearing, and in the same period sends all parties a copy with a notice telling them to send written objections within five days to the court and to each other. With no objections, the court enters the order within three days of the objection period closing; with objections, within ten days of receiving them.
A family court final order must say four things explicitly: that it is a final order; that an aggrieved party may appeal either to the intermediate court of appeals or directly to the supreme court of appeals under the statute; that an intermediate court appeal may be filed within thirty days of entry; and that a direct appeal to the supreme court requires both parties to file, jointly or separately within fourteen days of entry, a joint notice of intent to appeal and waiver of the right to appeal to the intermediate court.
An attorney who does not prepare an assigned order on time, or otherwise fails to comply, may have the task reassigned to another party's attorney and may be required to pay reasonable attorney fees; on continued willful noncompliance, after notice and a reasonable opportunity to respond, the court may file a complaint with the Office of Disciplinary Counsel and give the parties a copy. Separately, an action pending more than a year with no order or proceeding, or where the petitioner has not paid accrued costs, may in the court's discretion be stricken from the docket and discontinued — after notice and an opportunity to be heard for all parties of record, reinstatable on motion within one year but not until the accrued costs are paid.
Frequently Asked Questions
How soon must a family court order be entered?
Within 20 days of the hearing — except a temporary support order, which must be entered within one business day.
Who drafts the order?
The court, where both parties are self-represented. Where one or both are represented, the court may assign one or more attorneys to prepare the order or proposed findings, due to the court within ten days of the hearing.
What must a final order tell the parties?
That it is a final order; that an aggrieved party may appeal to the intermediate court of appeals or directly to the supreme court of appeals; that an intermediate court appeal may be filed within thirty days of entry; and that a direct supreme court appeal requires both parties to file a joint notice of intent and waiver within fourteen days of entry.
What happens if an assigned attorney misses the deadline?
The court may direct another party's attorney to prepare the order and may require the attorney initially assigned to pay reasonable attorney fees. On continued willful noncompliance, after notice and an opportunity to respond, the court may file a complaint with the Office of Disciplinary Counsel.
Can a dormant case be dismissed?
Yes. Where an action has been pending more than a year with no order or proceeding, or the petitioner has not paid accrued costs, the court may in its discretion strike it from the docket — after notice and an opportunity to be heard. It may be reinstated on motion within one year, but not until accrued costs are paid.
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. 22). 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
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