Rule 7.Exhibits
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 7
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
One of the shortest rules in the set. By order, the court may make special provisions for the secure custody and disposition of any exhibit.
The second sentence is the operative constraint: such orders must provide specific instructions for custody and disposition. A general direction that an exhibit be kept safely does not satisfy the rule; the order has to say what is to happen to the item and who is to hold it.
The power sits alongside Rule 5, under which exhibits are otherwise filed with and stored by the circuit clerk like the rest of the case file. This rule is the exception route for an exhibit that needs different handling.
Frequently Asked Questions
Who normally holds exhibits in a family court case?
The circuit clerk. Under Rule 5(a), all case files and evidence are filed with and stored by the circuit clerk.
When does Rule 7 apply?
Where the court decides an exhibit needs special provision for secure custody and disposition, which it makes by order.
What must such an order contain?
Specific instructions for custody and disposition.
Does the rule limit which exhibits it covers?
No. It reaches any exhibit.
Can the court order an exhibit destroyed or returned?
The rule speaks of custody and disposition, and requires the order to give specific instructions for both.