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Rule 83.Local rules

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

In one sentenceRule 83 lets each circuit court adopt and amend its own local rules, as long as they don't conflict with these statewide rules or the Trial Court Rules, but requires those local rules to be filed with and approved by the Supreme Court of Appeals -- and recorded as it directs -- before they take effect.

Full Text of Rule 83

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Local rules. Each circuit court may from time to time make and amend rules governing its local practice not inconsistent with these rules and the West Virginia Trial Court Rules. Such rules and amendments shall not be effective until after they are filed with and approved by the Supreme Court of Appeals, which may order printing of such rules in the West Virginia Reports. Such rules shall also be recorded in a manner provided by the Supreme Court of Appeals.

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 83 gives individual circuit courts room to handle their own local practice, without letting local rules splinter statewide procedure. A circuit court can make and amend rules governing how it runs its own docket, as long as those local rules don't conflict with these Rules of Civil Procedure or the West Virginia Trial Court Rules.

That local rulemaking power comes with a check: a local rule or amendment isn't effective until it's filed with and approved by the Supreme Court of Appeals, which can order it printed in the West Virginia Reports, and it has to be recorded in whatever manner the Supreme Court of Appeals directs.

Frequently Asked Questions

Can a circuit court adopt its own local procedural rules?

Yes, as long as they don't conflict with the statewide Rules of Civil Procedure or the West Virginia Trial Court Rules.

When does a local rule take effect?

Only after it's filed with and approved by the Supreme Court of Appeals, and recorded as the Supreme Court of Appeals directs.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 83). 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: local rules of circuit courtapproval of local rules