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Rule 55.Agreements

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

In one sentenceRule 55 requires party agreements to be written, signed and incorporated in an order — or dictated into the record if reached on the hearing day — and requires a hearing to review any agreement with child support terms.

Full Text of Rule 55

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Agreements between parties shall be reduced to writing, signed by all parties, and incorporated in an order. Agreements reached on the date of a hearing, if not in writing, shall be dictated into the record at the hearing in the presence of all parties. The court shall hold a hearing to review all agreements with child support provisions.
End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002.]

Plain-English Summary

Agreements between parties are reduced to writing, signed by all parties, and incorporated in an order. An agreement that stays informal does not bind anyone; the order is what carries it.

The rule accommodates the deal struck at the courthouse door. An agreement reached on the date of a hearing, if not in writing, is dictated into the record at the hearing in the presence of all parties — so the terms are captured while everyone is there to hear them.

Child support gets an extra step. The court must hold a hearing to review all agreements with child support provisions, which sits alongside Rule 44's requirement that the court test a mediated agreement against the children's best interests and run the support calculations before adopting it.

Frequently Asked Questions

How must an agreement be recorded?

Reduced to writing, signed by all parties, and incorporated in an order.

What about an agreement reached on the hearing day?

If not in writing, it must be dictated into the record at the hearing in the presence of all parties.

Is a hearing required for every agreement?

The court must hold a hearing to review all agreements with child support provisions.

Does an unincorporated agreement bind the parties?

The rule requires agreements to be incorporated in an order. For mediated agreements, Rule 43(c) states expressly that the agreement has no binding legal effect until adopted by court order.

Who must sign?

All parties.

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. 55). 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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