Rule 78.Motion day; hearings; submission on briefs

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

In one sentenceRule 78 lets a court set regular times and places for hearing motions and lets it decide motions on the written briefs alone, without a hearing.

Full Text of Rule 78

Text sizeJump to: (a) (b)

(a) Providing a regular schedule for hearings. A court may establish regular times and places for hearings on motions.

(b) Providing for submission on briefs. By rule or order, the court may provide for submitting and determining motions on briefs, without hearing.

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 78 gives the court two scheduling tools for handling motions efficiently. It can set up a regular motion day — consistent times and places where motions get heard — and, whether by standing rule or a case-specific order, it can decide a motion entirely on the parties' briefs, without holding a hearing at all.

Frequently Asked Questions

Does a court have to hold a hearing on every motion?

No. Rule 78(b) lets the court provide for submitting and deciding motions on the briefs alone, without a hearing.

Can a court set a fixed schedule for hearing motions?

Yes. Rule 78(a) lets the court establish regular times and places for motion hearings.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 78). 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: motion daydeciding a motion without a hearingsubmission on briefs