REQUESTS FOR PUBLIC COMMENT
Pursuant to Article VIII § 3 of the West Virginia Constitution, the Supreme Court of Appeals of West Virginia "shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law." See also W. Va. Code § 51-1-4. The Court exercises this authority by issuing rules orders at various times throughout the year. Comments from the public, the bench, and the bar are important to the judicial rule making process. This page lists matters that are currently placed for public comment.
How to File Public Comments
Public comments on proposed rules must be in writing and filed with the Clerk of Court on or before the deadline set forth in the order. The Court encourages interest groups to submit joint comments where appropriate. Email comments are not encouraged and receipt of email comments will not be acknowledged.
Current Requests for Public Comment
The Court has entered an order requesting public comment on proposed amendments to the Rules of Lawyer Disciplinary Procedure. The amendments include a procedure regarding referrals to the West Virginia Judicial and Lawyer Assistance Program. All comments must be filed in writing with the Clerk of Court through File & ServeXpress in Docket No. 23-29 no later than October 14, 2024.
Public comments are sought on proposed amendments to Rule 7 of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Public comments are sought on proposed amendments to Rules 15 and 16 of the West Virginia Trial Court Rules. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Public comments are sought on proposed amendments to Rule 14 of the Administrative Rules of West Virginia State Bar. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Public comments are sought on proposed amendments to Bylaw 3.04 of the Bylaws of the West Virginia State Bar. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Public comments are sought on proposed amendments to Rule 10 of the West Virginia Rules for Admission to the Practice of Law. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Public comments are sought on proposed amendments to Appendix A and proposed abrogation of Appendix B of the West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
Request for Public Comment on proposed amendments to the Rules for Admission to the Practice of Law.
Public comments are sought on proposed amendments to add Rule 4.9 to the Rules for Admission to the Practice of Law. All comments must be filed in writing with the Clerk of Court no later than November 20, 2024. To review the order requesting public comment and the proposed amendments, please visit the “Request for Public Comment” page on the Supreme Court’s website.
The Court has entered an order provisionally adopting and requesting public comment on amendments to the West Virginia Trial Court Rules regarding the terms of the circuit courts of this state following amendments to West Virginia Code § 51-2-1. Comments must be filed in writing with the Office of the Clerk in Docket No. 24-720 on or before January 9, 2025.