Rule 40.Scheduling cases for trial

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 40 lets the court set trials on its own initiative, through a Rule 16 scheduling order, or on motion, and directs the court to give priority to actions that the Constitution, a statute, or a rule entitles to priority.

Full Text of Rule 40

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Trials may be set by the court on its own, by issuing a scheduling order pursuant to Rule 16, or upon motion. The court shall give priority to actions entitled to priority by the Constitution by statute or by rule.

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 40 is brief by design — it leaves the mechanics of scheduling trials to the court's own docket management, whether that happens through a Rule 16 scheduling order, the court's own initiative, or a party's motion. The one substantive command: some cases jump the line. Actions the Constitution, a statute, or a rule entitles to priority have to be scheduled with that priority in mind, ahead of ordinary civil cases.

Frequently Asked Questions

How does a case get scheduled for trial in West Virginia?

The court can set the trial on its own, through a Rule 16 scheduling order, or on a party's motion.

Do any cases get priority in scheduling?

Yes. Rule 40 requires the court to give priority to actions that the Constitution, a statute, or a rule entitles to priority over ordinary cases.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 40). 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: trial scheduling prioritysetting a trial date