Rule 24.Scheduling orders

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

In one sentenceRule 24 requires an initial scheduling order within 45 days of the first pleading, lists what it must cover, and applies the civil pretrial sanctions to noncompliance.

Full Text of Rule 24

Text sizeJump to: (a) (b) (c) (d)

(a) Scheduling orders. — An initial scheduling order shall be entered within 45 days after the filing of the initial pleading.

(b) Content of scheduling orders. — A scheduling order shall contain a notice that any hearing may be converted to a final hearing, and shall include dates for the temporary hearing, if applicable, final hearing, and submission and/or completion of any of the following matters which have not been submitted or completed at the time the order is entered: statements of the issues; updated financial disclosures completed on the form approved by the supreme court of appeals; updated and/or proposed parenting plans; separation agreements; witness and exhibit lists; discovery, investigations, appraisals, tests, or evaluations; premediation screening; parent education courses; and such other matters as the Court shall deem appropriate.

(c) Any final hearing held by the Court that is not a hearing resolving all issues in the case shall require a subsequent scheduling order to be entered within 20 days of the hearing. The content of the scheduling order shall comply with subsection (b) of this rule.

(d) Sanctions for noncompliance with orders. — If a party or attorney fails to comply with an order, fails to attend a scheduled hearing/conference, is substantially unprepared to participate in a scheduled hearing/conference, or fails to participate in good faith, the court may make any of the orders or impose any of the sanctions provided by Rule 16 of the Rules of Civil Procedure.

End

Amendment History

[Amended by order adopted May 22, 2007, effective July 1, 2007. ]

Plain-English Summary

An initial scheduling order is entered within 45 days after the initial pleading is filed — so the case acquires a timetable well before the 220-day outer limit for the final hearing.

The order must carry a notice that any hearing may be converted to a final hearing, and must set dates for the temporary hearing where applicable, the final hearing, and the submission or completion of whatever on the rule's list is still outstanding: statements of the issues; updated financial disclosures on the statewide form; updated or proposed parenting plans; separation agreements; witness and exhibit lists; discovery, investigations, appraisals, tests or evaluations; premediation screening; parent education courses; and anything else the court thinks appropriate.

A final hearing that does not resolve everything triggers a fresh order. Any final hearing that is not a hearing resolving all issues requires a subsequent scheduling order within 20 days, to the same content standard.

Noncompliance is met with the civil pretrial machinery. Where a party or attorney fails to comply with an order, fails to attend a scheduled hearing or conference, is substantially unprepared, or fails to participate in good faith, the court may make any of the orders or impose any of the sanctions provided by Rule 16 of the Rules of Civil Procedure.

Frequently Asked Questions

When is the scheduling order entered?

Within 45 days after the filing of the initial pleading.

What must the scheduling order contain?

A notice that any hearing may be converted to a final hearing, plus dates for the temporary hearing where applicable, the final hearing, and the submission or completion of outstanding matters — issues statements, updated financial disclosures, parenting plans, separation agreements, witness and exhibit lists, discovery and evaluations, premediation screening, and parent education courses.

Is a second scheduling order ever required?

Yes. A final hearing that does not resolve all issues in the case requires a subsequent scheduling order within 20 days of the hearing.

What sanctions apply for missing a scheduling deadline?

Any of the orders or sanctions provided by Rule 16 of the Rules of Civil Procedure, where a party or attorney fails to comply, fails to attend, is substantially unprepared, or fails to participate in good faith.

Does the scheduling order warn about conversion to a final hearing?

Yes — that notice is required content, matching the conversion power in Rule 21(b).

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. 24). 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 scheduling order 45 daysscheduling order content wv family courtsanctions rule 16 rules of civil procedure family court wvsubsequent scheduling order west virginia family court