Rule 3.Effective date
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 3
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
West Virginia created its family courts as a separate tier, and this rule is the switch-over provision. The rules took effect on January 1, 2002 and govern all family court proceedings after that date.
On the same date, every family court case then pending before a circuit court — including those sitting on review of a recommended order — transferred to the family court's jurisdiction. Where a recommended order had already been filed, the family court enters a final order as soon as practical after transfer; where objections to that recommended order had already been filed, the family court judge must consider and rule on them as part of the final order rather than leaving them behind.
One route kept a case with the judge who had heard it. Where a circuit court had already conducted evidentiary proceedings before January 1, 2002, that court could request by January 31, 2002 — taking the circumstances of the case into account — that the circuit judge be appointed as the family court judge in that case.
Frequently Asked Questions
When did these rules take effect?
January 1, 2002. They govern all family court proceedings after that date.
What happened to cases pending in circuit court?
Effective January 1, 2002, all family court cases pending before the circuit court, whether on review of a recommended order or otherwise, transferred to the family court's jurisdiction.
What if a recommended order had already been filed?
The family court enters a final order as soon as practical after transfer. Where objections to the recommended order had been filed, the family court judge must consider and rule on them as part of the final order.
Could a circuit judge keep a case?
Where the circuit court had conducted evidentiary proceedings before January 1, 2002, it could request by January 31, 2002 that the circuit judge be appointed as the family court judge in that case.
Do these rules apply to proceedings begun before 2002?
They govern all family court proceedings after the effective date, and the transfer provisions moved the pending cases into that framework.