(a)Purpose. — The time standards contained in these rules are intended to ensure that "justice shall be administered without sale, denial or delay," in accordance with Article III, Section 17 of the West Virginia Constitution; that judges "dispose of all judicial matters promptly, efficiently, and fairly," in accordance with Canon 3B(8) of the Code of Judicial Conduct; and that "the court, not the lawyers or litigants, should control the pace of litigation," in accordance with Section 2.50 of the American Bar Association Standards Relating to Court Delay Reduction.
(b)Time for completion of all cases. — For cases filed after July 1, 2007 a final order shall be entered in every case within 240 days of filing of the initial pleading. All cases filed prior to July 1, 2007 shall have a final order entered by July 1, 2008.
(c)Implementation. — By July 1, 2008, the percentage of cases that each circuit shall have in compliance with section (b) above is seventy-five (75) percent.
(d)Reporting. — The Administrative Director of Courts shall receive a monthly report from the circuit clerk in each county on compliance with section (b) above.
End
Amendment History
[Added by order adopted May 22, 2007, effective July 1, 2007.]
Plain-English Summary
The rule opens by saying why the time standards exist, and cites three sources: the West Virginia Constitution's guarantee that justice be administered without sale, denial or delay; the Code of Judicial Conduct's requirement that judges dispose of judicial matters with promptness, efficiency and fairness; and the American Bar Association standard that the court, not the lawyers or litigants, should control the pace of litigation.
The standard itself is a number. For cases filed after July 1, 2007, a final order is entered in every case within 240 days of the filing of the initial pleading. Cases filed before that date were to have a final order by July 1, 2008.
Compliance was phased rather than absolute: by July 1, 2008 each circuit was to have 75 percent of its cases in compliance. And it is measured — the Administrative Director of Courts receives a monthly report from each county's circuit clerk on compliance.
Frequently Asked Questions
How long should a family court case take?
A final order should be entered within 240 days of the filing of the initial pleading, for cases filed after July 1, 2007.
How does that relate to the hearing deadline?
Rule 21(c) requires the final hearing to take place within 220 days of the initial pleading; this rule sets 240 days for the final order.
What compliance rate was required?
Seventy-five percent of each circuit's cases, by July 1, 2008.
Who monitors compliance?
The Administrative Director of Courts, who receives a monthly report from the circuit clerk in each county.
What authority is the standard based on?
Article III, Section 17 of the West Virginia Constitution; Canon 3B(8) of the Code of Judicial Conduct; and Section 2.50 of the American Bar Association Standards Relating to Court Delay Reduction.
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. 59). 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:240 days final order west virginia family courttime standards family court wvjustice without delay west virginia constitution family courtcompliance reporting circuit clerk wv family court