Rule 25.Motion for reconsideration of family court order
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 25
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Any party may move for reconsideration of a family court order as the West Virginia Code provides. The rule does not set out the grounds; it points to the statute.
What it adds is a timing rule for the overlap with an appeal. Where an appeal has been filed within the period for filing a motion for reconsideration, the time for filing that motion is suspended while the appeal is pending.
That prevents a party from being forced to choose between the two routes, or from losing the reconsideration option by pursuing an appeal first. Rule 28 handles the converse case, extending the appeal deadline where a reconsideration motion was properly filed.
Frequently Asked Questions
What is the basis for a motion for reconsideration?
W. Va. Code § 51-2A-10, to which the rule refers.
What happens if an appeal is filed first?
If an appeal has been filed within the time period for filing a motion for reconsideration, the time for filing that motion is suspended during the pendency of the appeal.
Does a reconsideration motion affect the appeal deadline?
Yes, under Rule 28: where a motion for reconsideration has been properly filed within the time to appeal, the time for filing an appeal is extended until thirty days after entry of the final order on that motion.
Who may file the motion?
Any party.
Does the rule set grounds for reconsideration?
No. It provides the procedure and refers to the statute for the substance.