These rules govern the procedure in all civil actions and proceedings in West Virginia trial courts of record, except as stated in Rule 81. They should be construed, administered and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 1.Scope and purpose
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 1 states that the Rules of Civil Procedure govern every civil action in West Virginia's trial courts of record except where Rule 81 says otherwise, and directs courts and parties to apply them to reach a just, speedy, and inexpensive result.
Full Text of Rule 1
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 1 is the mission statement for every civil case filed in a West Virginia circuit court. It tells judges, clerks, and lawyers that these rules — not some older, inconsistent set of local practices — control how a lawsuit moves from complaint to judgment.
The rule carves out one exception: Rule 81 lists certain proceedings where these rules don't fully apply, or apply only in part.
The closing sentence sets the tone for everything that follows. Courts and parties are supposed to read and apply every other rule with three goals in mind: a just result, reached speedily, and without unnecessary cost. When a rule is ambiguous, this purpose clause is the lens courts use to resolve the ambiguity.
Frequently Asked Questions
Does Rule 1 apply to every case filed in West Virginia?
It applies to every civil action and proceeding in the state's trial courts of record, with the exceptions listed in Rule 81 — certain specialized proceedings where these rules apply only in part or not at all.
What does "just, speedy, and inexpensive" mean in practice?
It's the standard courts use when interpreting the other rules. If a rule could be read two ways, courts favor the reading that reaches a just result, without unnecessary delay, and without running up needless costs.
Does Rule 1 create any rights or deadlines on its own?
No. It states the purpose and scope of the rules as a whole; the specific deadlines, procedures, and rights come from the individual rules that follow.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 1). 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: scope of the rulespurpose of the rulesjust speedy and inexpensivecivil procedure scope