These rules, and any amendments of these rules, shall take effect on the date designated by the Supreme Court of Appeals of West Virginia in the order adopting such rules or amendments. The rules govern all proceedings in cases thereafter commenced and insofar as just and practicable, all proceedings then pending.
Rule 86.Effective date
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 86 sets the effective date of these rules and any amendments as whatever date the Supreme Court of Appeals designates in its adopting order, applying them to every case filed afterward and, where just and practicable, to cases already pending.
Full Text of Rule 86
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 86 answers when a new rule or amendment starts governing cases. Each rule, and every amendment to it, takes effect on the date the Supreme Court of Appeals designates in the order that adopts it — there's no fixed universal effective date built into the rule itself.
Once effective, a rule governs every case filed afterward as a matter of course. It also reaches back to cases already pending at the time, but only insofar as applying the new rule to them is just and practicable — protecting parties from having a mid-case rule change unfairly upend how their case has already been proceeding.
Frequently Asked Questions
When does a new or amended West Virginia civil procedure rule take effect?
On whatever date the Supreme Court of Appeals designates in the order adopting the rule or amendment.
Do new rules apply to cases that were already pending when they took effect?
Yes, but only to the extent applying them is just and practicable — the rule doesn't automatically override how an already-pending case has been proceeding.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 86). 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: effective date of the rulesrules applying to pending cases