Does a Judge Have to Review Summary Judgement Prior to Mediation in Nh

Tabular array of Contents Full Table of Contents

1. Extension of Answer Engagement
2. Guardians Ad Litem
3. Motions Practice, Ceremonious
4. Trial, Civil
5. Preparation and Submission of Orders
6. Mediation
7. Mass Litigation
8. Public Funding for Expert Assistance in Kid Abuse or Fail Cases
9. Reasonable Efforts and Opposite to the Welfare Findings in Juvenile Cases
10. Concern Court Sectionalisation

Chapter 2: Civil Matters

Rule twenty. Extension of Reply Appointment

Generally

Unless otherwise ordered, the time to answer or otherwise answer to a complaint may be extended past stipulation. The stipulation shall constitute an appearance by whatsoever defendant who is a party to it. An extension by stipulation volition not affect other deadlines established by the W Virginia Rules of Civil Procedure, these Trial Courtroom Rules, or the court.

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Rule 21. Guardians Advertizing Litem

Application Generally

This Rule applies to all eligible guardian advertisement litem appointments in circuit courtroom, family unit court and magistrate court. This dominion does not apply to guardians ad litem appointed in abuse and fail proceedings.

Appointments Generally

A guardian ad litem shall be selected independently of any nomination by the parties or counsel.

Appointed guardians advertising litem may (a) serve on a voluntary basis without compensation, (b) be paid by a litigant or a litigant-parent of an infant for whom the appointment is fabricated if the litigant or litigant-parent is not an indigent person, or (c) be paid by the Supreme Court of Appeals as provided in rule 21.05.

Duties By and large

A guardian ad litem shall make a full and contained investigation of the facts involved in the proceeding and make recommendations to the court past testimony or in writing, unless otherwise ordered by the courtroom.

Definitions

For purposes of this Dominion, the following definitions shall use:

1. "Indigent person" means whatever person who qualifies for a waiver of fees pursuant to the provisions of Westward. Va. Lawmaking § 59-ii-1.
2. "Infant" means any person nether the age of 18 (18) years.
3. "Incarcerated person" ways whatsoever person who is being held against the person'due south will in any facility operated nether the authority of whatsoever governmental authority in the United states.
4. "Incompetent person" ways any person who is admitted to a mental health facility or has been establish by the court to be incompetent.
5. "Nondiscretionary date" means when substantial allegations of domestic abuse have been fabricated, when serious allegations of abuse and fail have been made, when there are serious bug relating to the child's health or safety, or in cases involving disproving a child's paternity.

Eligibility for a Supreme Court-Paid Guardian Ad Litem

To be eligible for Supreme Courtroom payment, an chaser must serve every bit the appointed guardian advert litem, and the person for whom the guardian is appointed must exist:

1. an baby-party who is indigent;
2. an infant of a party or parties who are indigent, provided nevertheless, if both parents are parties to the action, both parents must be indigent;
3. an incarcerated person who is indigent; or
4. an incompetent person who is indigent;

provided all the same, in a domestic relations example the price of a guardian advertisement litem for a party and/or an infant(s) of the parties may be ordered to be paid by a non-indigent party or if otherwise qualified, by the Supreme Court when the appointment is nondiscretionary, provided the order appointing the guardian ad litem complies with the requirements of Rule 47 of the Rules of Practise and Procedure for Family Court. The compensation payable by the Supreme Court is limited to the corporeality set up along in Trial Court Rule 21.06.

The date shall end automatically when a person for whom a guardian advertisement litem has been appointed either (a) is no longer indigent, or is an baby of a party or parties who are no longer indigent, (b) reaches the age of 18 (18) years, (c) is no longer an incarcerated person, (d) is released from a mental health facility, or (e) is constitute by the courtroom to take regained competency. The guardian advertisement litem shall notify the appointing courtroom when an appointment has been automatically terminated.

Compensation for a Supreme Court-Paid Guardian Advertisement Litem

Payment shall be made from Supreme Courtroom funds.

Supreme Court-paid guardians advert litem shall be compensated at $80 per hour for out-of-courtroom services, and $100 per hour for in-court services.

The total bounty paid to a guardian ad litem appointed pursuant to the provisions of this rule shall not exceed $3,000 ("Three Thousand") per date equally of July one, 2012. However, an entreatment to the Supreme Courtroom of Appeals of W Virginia shall be considered a split example with regards to compensation. The Court will non reimburse the cost of office expenses including but not limited to copying costs, stamp, long distance telephone calls and/or fees charged for invoice preparation; provided, however, that the costs of obtaining and copying courtroom records, medical records, school records, and child protective services records will be reimbursed. Mileage will be reimbursed at the standard charge per unit per mile as canonical by the Supreme Court. Expenses shall be paid in addition to the compensation provided for herein.

Requests for payment shall be made on forms provided by the Administrative Director of the Court and shall follow all West Virginia State and West Virginia Supreme Court billing regulations, policies and procedures. Requests for payment shall be reviewed and recommended by society of the appointing court prior to submission to the Administrative Director of the Court for payment. The Administrative Director of the Court — or the Administrative Director'south designee — shall review and approve all submissions for payment of fees to guardian advertisement litem.

The Administrative Manager of the Court shall have the authority to approve and pay compensation in backlog of the amounts stated higher up in exceptional cases and for good cause shown. Requests for excess compensation shall be made past the appointing judge and sent to the Administrative Manager of the Court for approval.

As circumstances may warrant, the court in its discretion may at any time during the proceedings revenue enhancement the costs of the appointment of a guardian ad litem to the parties and crave that any bounty previously paid from court funds exist refunded to the Authoritative Director of the Court.

Amended by order entered and effective July 1, 2012; and Amended by order entered and effective November vii, 2007.

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Motions Practice, Civil

Motions, Responses, and Supporting Memoranda

All motions and responses shall be concise; shall state the relief requested precisely; shall be filed in accordance with the fourth dimension frames set along in Westward.Va. R.Civ.P. 6(d); and may be accompanied by a supporting memorandum of not more than 20 (20) pages in length, double- spaced, and by copies of depositions (or pertinent portions thereof), admissions, documents, affidavits, and other such materials upon which the motion relies. The court for good cause shown may allow a supporting memorandum to exceed twenty (twenty) pages. In improver to filing and serving on opposing counsel and unrepresented parties, counsel shall deliver to the assigned guess copies of each motion, response, supporting memorandum, and supporting documents or materials.

Motions to Dismiss

Motions to dismiss may exist given priority status, provided they are designated prominently as a motility to dismiss and filed equally a separate motion.

Hearings on Motions

The court may require or let hearings on motions, and, with permission of the presiding judicial officer, the hearings may be by telephone. Whenever the court enters an order denying or granting a motion without a hearing, all parties shall be forthwith notified by the court of such order.

Activeness on Motions

All motions shall be decided expeditiously to facilitate compliance with the deadlines established by the scheduling order. Any motion requiring immediate disposition shall be chosen to the attention of the courtroom by the party filing such move. Failure of the courtroom to rule expeditiously on a dispositive motion may be skilful cause for modification of a scheduling social club.

Outcome of Failure to Announced at Oral Argument or Hearing

If any of the parties fail to appear at an oral argument or hearing, without prior showing of good cause for non-advent, the court may keep to hear and dominion on the motion.

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Rule 23. Trial, Ceremonious

Not-Jury Matters

Evidence with respect to issues not triable of right by a jury should be heard past the court if practicable. If non practicable, whatsoever such issue may be heard by the courtroom on depositions, or the evidence may be taken earlier a commissioner appointed by the court. A commissioner shall have power to rule upon the admissibility of show, with the further correct at any time to obtain a summary ruling from the courtroom, or from the judge thereof, upon any question relating thereto. A commissioner shall promptly make such written report as the court may require equally to such issues, and the court shall enter such judgment thereon as it may deem proper.

The evidence taken before the court on such issues shall, unless waived by the parties, be taken downwardly by the official reporter of the courtroom or, when at that place is reference to a commissioner, past such official reporter or by any other competent reporter agreed to by the parties in interest or designated past the commissioner, and the prove or such office or parts thereof as may be required shall in all such cases exist promptly transcribed by the reporter as provided for in respect to other matters; and like reporting charges for such deportment shall be fabricated, as in other actions, collected and accounted for.

The unabridged record every bit thus fabricated up shall be available to whatsoever party on petition for appeal.

Cases to be Tried by a Jury : Proposed Jury Instructions; Proposed Verdict Form

Unless otherwise ordered by the presiding judicial officeholder, not less than iii (3) business organization days prior to the trial appointment, counsel shall, in jury cases, submit to the court proposed jury instructions with supporting statutory and case authority, special interrogatories, and a verdict form. Counsel shall commutation copies of the proposed instructions, special interrogatories and verdict course prior to their submission to the court. Submissions pursuant to this rule shall non be filed and made a part of the record, unless ordered by the judicial officer.

Voir Dire

1. The attorneys conducting the example shall exist permitted to inquire voir dire questions of the prospective jury panel members unless the presiding judicial officer finds that there are justifiable reasons to deny such chaser voir dire. The attorneys shall advise the judicial officer of the subject affair of the voir dire questions at such fourth dimension prior to the actual questioning of the prospective jury panel equally the judicial officeholder may designate. The judicial officer may allow individual voir dire past the attorneys upon a showing of good cause or where questioning such juror in open up court in the presence of the other jury panel members would be prejudicial or cause undue embarrassment to the prospective juror.
2. If attorney-conducted voir dire is not permitted, the attorneys conducting the case may request that the judicial officer ask specific boosted or supplemental voir dire questions of the prospective jury members.
3. Attorneys may lodge objections to the do of judicial discretion in limiting voir dire or to prospective questions at any time prior to and during the test of prospective jury members. Objections shall be made on the record.

Opening Statements and Endmost Arguments

1. Opening Statements. At the kickoff of the trial in a civil action, the party upon whom rests the burden of proof may state, without argument, its claim and the bear witness expected to support it. The adverse party may then country, without argument, its defense and the testify expected to sustain information technology. If the trial is to the jury, unless the courtroom directs otherwise the opening statements shall be made immediately after the jury is impaneled. If the trial is to the court, the opening statements shall be made immediately after the case is called for trial. For good cause shown, the court, on request by the adverse party, may defer the opening argument for the adverse party until the time for commencing presentation of that adverse party'due south straight evidence. Opening statements shall exist subject to fourth dimension limitations imposed by the court. In actions involving several parties and unusual procedures, the court, after conferring with the parties to the action, shall direct the order and fourth dimension of the opening statements in a manner appearing just and proper.
2. Closing Arguments. The right to open and close the arguments shall belong to the party who has the brunt of proof, without regard to whether the accused offers evidence. Where each of the parties has the burden of proof on one or more issues, the judicial officer shall make up one's mind the society of arguments. In actions involving several parties and unusual procedures, the court, afterward conferring with attorneys for the parties, shall decide the gild of arguments in a manner appearing but and proper. Arguments shall be subject to time limitations imposed by the judicial officeholder, giving due consideration to the length of the trial, the number of witnesses and exhibits, the complexity of issues, and the nature of the instance. No more than two (2) attorneys on each side shall debate the case, without go out of the court.

The opening argument of plaintiff before the jury shall exist a fair statement of plaintiff's case and shall consume at least i-half of the unabridged time allotted to plaintiff's counsel for argument. In the upshot that one-half of the allotted time is not used, one-one-half shall even so be charged past the courtroom to plaintiff'southward opening argument.

Afterward plaintiff's opening argument, counsel for defendant may elect to contend the case or may refuse. If counsel for accused declines to present argument, the case volition exist submitted without further statement by plaintiff or defendant.

Counsel may refer to the instructions to juries in their statement, only may not argue against the definiteness of any pedagogy. The court in its discretion may reread ane or more of the instructions. Counsel may not comment upon any prove ruled out, nor misquote the show, nor make statements of fact dehors the record, nor contend before the jury for any theory of the instance that has been overruled. Counsel shall not exist interrupted in argument past opposing counsel, except as may exist necessary to bring to the court's attention objection to any statement to the jury made by opposing counsel and to obtain a ruling on such objection. No portion of a lawbook shall be read to the jury by counsel.

Stipulations

Unless otherwise ordered, stipulations must be in writing, signed past the parties making them or their counsel, and promptly filed with the clerk.

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Grooming and Submission of Orders

By and large

1. Unless otherwise directed by the presiding judicial officer, all orders shall be submitted to the judicial officer promptly, but no later than eleven (xi) days after having been directed to do then by the court. When counsel responsible for the preparation and presentation of an order unreasonably delays or withholds its presentation, the guild may then be prepared and entered by the judicial officer.
2. Except for proficient cause or unless otherwise determined by the judicial officer, no club may be presented for entry unless it bears the signature of all counsel and unrepresented parties.
3. Although it is preferred that orders be entered in accordance with subsection (b), unless the judicial officer otherwise directs, counsel responsible for the preparation and presentation of an gild may submit the original of the proposed social club to the judicial officer within eleven (xi) days, with a copy to opposing counsel forth with a detect to annotation objections and exceptions to the order within five (v) days later on receipt of the proposed lodge or such bottom time as the judicial officer directs. Opposing counsel shall notify the presiding judicial officer, in writing, of his or her approval of or objection to the order or whatsoever portion thereof. In the event this subsection is utilized, the judicial officeholder shall consider the gild for entry upon blessing by all counsel, or after v (5) days from its receipt, if no objection is received by the judicial officer.
4. In the outcome counsel has any objections regarding the wording or content of a proposed social club, counsel shall have the affirmative duty of contacting the preparer thereof before contacting the judicial officer in an effort to seek a resolution of the disharmonize. If the conflict cannot be resolved in this manner, counsel having an objection shall promptly submit a proposed order to the judicial officer and opposing counsel as set forth in subsection (c) along with a letter of the alphabet to the judicial officer, indicating the reason for the change(southward). Within five (five) days post-obit receipt of objections and the responsive proposed society, all counsel shall file a response to the second proposed society. If the judicial officeholder determines that a hearing is necessary to resolve the conflict, counsel objecting to the order shall exist responsible for promptly scheduling the aforementioned. Objecting, proposing modifications, or like-minded to the grade of a proposed club shall non impact a party's rights to appeal the substance of the order.

Dominion 25. Mediation

Telescopic

These rules govern arbitration in the judicial system in West Virginia. These rules are to exist read in pari materia with Rules 31 through 39 of the West Virginia Rules of Practice and Process for Family Court.

History. Amended by guild effective March 8, 2004.

Arbitration Defined

Mediation is an breezy, not-adversarial process whereby a neutral third person, the mediator, assists disputing parties to resolve by agreement or examine some or all of the differences betwixt them. A approximate or hearing officer who renders a decision or who makes a recommendation to the decision-maker in the mediated instance is not a neutral 3rd person. In mediation, decision-making discretion remains with the parties; the mediator has no authority to return a judgment on any issue of the dispute. The role of the mediator is to encourage and assist the parties to reach their own mutually adequate resolution past facilitating communication, helping to clarify bug and interests, identifying what boosted information should exist collected or exchanged, fostering articulation trouble-solving, exploring resolution alternatives, and other similar means. The procedures for mediation are extremely flexible, and may be tailored to fit the needs of the parties to a particular dispute. Zilch in this rule shall exist construed to deprive a court of its inherent authority to control cases before it or to bear settlement conferences, which are distinguished from arbitration. History. Amended past order effective March 8, 2004.

Selection of Cases for Mediation

Pursuant to these rules and Westward.Va. R.Civ.P. 16, a court may, on its ain motion, upon motion of whatever political party, or by stipulation of the parties, refer a case to mediation. Upon entry of an guild referring a case to mediation, the parties shall accept fifteen (fifteen) days within which to file a written objection, specifying the grounds. The court shall promptly consider any such objection, and may modify its original guild for proficient cause shown. A case ordered for mediation shall remain on the court docket and the trial calendar.

Listing of Mediators

The West Virginia State Bar shall maintain and make available to circuit courts, interested parties, and the public a listing of persons willing and qualified to serve as mediators in the excursion courts. The State Bar shall establish minimum qualifications for training and experience, application procedures and fees, and other advisable requirements for persons interested in being listed. The listing shall identify those persons who are willing to serve every bit mediators on a volunteer basis (i.e., without compensation). The listing shall be open to all persons who meet the qualifications and complete the awarding required by the State Bar.

Selection of Mediator

Within fifteen (15) days later on entry of an order or stipulation referring a example to mediation, the parties, upon approval of the courtroom, may choose their own mediator, who may or may not be a person listed on the State Bar listing. In the absence of such agreement, the court shall designate the mediator from the State Bar listing, either past rotation or by some other neutral administrative procedure established by administrative order of the chief judge of the circuit court.

Compensation of Mediator

If the parties past their ain agreement cull a mediator who requires compensation, the parties shall by written agreement determine how the mediator will be compensated. If the parties practice not select a mediator by agreement, the court may designate a mediator who may require compensation. If it has established a upkeep canonical by the Supreme Courtroom of Appeals for this purpose, the courtroom may reimburse a volunteer mediator for reasonable and necessary expenses, according to Supreme Court of Appeals travel regulations.

History. Amended past club effective March 8, 2004.

Mediator Disqualification

A mediator shall be disqualified in a arbitration in which the mediator'south impartiality might reasonably be questioned, including simply non limited to instances where:

1. the mediator has a personal bias or prejudice apropos a party or a party's lawyer, or personal knowledge of disputed evidentiary facts relating to the mediation;
2. the mediator served as a lawyer in the thing in controversy, or a lawyer with whom the mediator previously skilful police force served during association as a lawyer in the thing, or the mediator has been a material witness concerning the matter;
3. the mediator knows that, individually or as a fiduciary, or the mediator's spouse, parent or child wherever residing, or whatsoever other member of the mediator'south family unit residing in the mediator'south household, has an economic interest in the subject area matter in controversy or is a party to the matter or has any other more than de minimis interest that could be substantially afflicted past the proceeding;
4. the mediator or the mediator's spouse, or a person within the third degree of relationship to either of them, or the spouse of such person:
   1. is a party to the affair, or an officer, manager or trustee, of a party;
   2. is acting equally a lawyer in the proceeding;
   3. is known by the mediator to have more than than de minimis interest that could be essentially affected by the matter;
   4. is to the mediator's knowledge probable to be a material witness in the matter.

A mediator shall continue informed well-nigh their own personal and fiduciary economical interests, and brand a reasonable effort to keep informed near the personal economic interests of the mediator'due south spouse and small children.

Any party may move the court to disqualify a mediator for good crusade. In the upshot a mediator is disqualified, the parties or the court shall select a replacement in accordance with TCR 25.05 and 25.06.

History. Amended past order constructive March 8, 2004.

Provision of Preliminary Information to the Mediator

Before the offset mediation session, the courtroom or mediator may crave the parties to provide to the mediator pertinent information including only not express to pleadings, transcripts, and other litigation-related documents.

History. Amended by lodge effective March 8, 2004.

Time Frames for Conduct of Mediation

Unless otherwise agreed by the parties and the mediator or ordered past the court, the showtime arbitration session shall be conducted within sixty (sixty) days after appointment of the mediator. Mediation shall be completed within 40-v (45) days after the showtime arbitration session, unless extended by agreement of the parties and the mediator or past club of the courtroom. The mediator is empowered to set the appointment and fourth dimension of all mediation sessions, upon reasonable discover to the parties.

Appearances; Sanctions

The following persons, if furnished reasonable discover, are required to appear at the mediation session

1. each party or the party'southward representative having full decision-making discretion to examine and resolve issues;
2. each party's counsel of tape; and
3. a representative of the insurance carrier for any insured political party, which representative has full decision-making discretion to examine and resolve problems and make decisions.

Whatsoever political party or representative may be excused by the court or past agreement of the parties and the mediator. If a party or its representative, counsel, or insurance carrier fails to appear at the mediation session without good crusade or appears without controlling discretion, the court sua sponte or upon motion may impose sanctions, including an award of reasonable mediator and attorney fees and other costs, against the responsible political party.

History. Amended by order effective March 8, 2004.

Participation

No party may be compelled past these rules, the court, or the mediator to settle a instance involuntarily or against the party's judgment. All parties involved in mediation, even so, and their respective representatives, counsel, and insurance carriers shall participate fully, openly and knowledgeably in a mutual endeavor to examine and resolve issues. "Bad religion," as used in insurance litigation as a legal term of art, is non applicative to the mediation process.

History. Amended by social club effective March 8, 2004.

Confidentiality of Mediation Procedure

Mediation shall exist regarded as confidential settlement negotiations, subject to W.Va. R.Evid. 408. A mediator shall maintain and preserve the confidentiality of all mediation proceedings and records. Confidentiality as to opposing parties within a mediation session shall exist maintained in a manner agreed upon by the parties and mediator. For example, all information may exist kept confidential unless disclosure is specifically authorized past the party, or, all information may be shared unless specifically prohibited past the party. A mediator may not be subpoenaed or chosen to show or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the dispute mediated.

History. Amended by social club effective March 8, 2004.

Immunity

A person acting equally mediator under these rules shall have immunity in the same style and to the same extent as a excursion guess.

Enforceability of Settlement Agreement

If the parties reach a settlement and execute a written agreement, the agreement is enforceable in the same manner every bit any other written contract.

Report of Mediator

Within ten (10) days after mediation is completed or terminated, the mediator shall report to the court the consequence of the arbitration. Unless otherwise required by the court, the mediator's report shall land the mode of the example, the civil activity or other administrative identification number, and whether a settlement was reached. With the written consent of the parties, the mediator may place whatsoever awaiting motions, discovery, or issues which, if resolved, would facilitate the possibility of settlement or resolution.

History. Amended by order constructive March 8, 2004.

Statistical Data

The Supreme Court of Appeals shall determine the repository of statistical records and the method for statistical reporting on court-based mediation. The courts, mediators, parties, and counsel shall cooperate with requests for information nether this rule. Court-based mediation statistics compiled at the direction of the Supreme Court of Appeals shall exist accessible by the public in the aforementioned manner as other court records.

History. Amended by order effective March viii, 2004.

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Dominion 26. Mass Litigation

Mass Litigation — Preamble

In that location is hereby adopted a process for efficiently managing and resolving mass litigation which includes the institution of a Mass Litigation Panel.

Mass Litigation Console

The Mass Litigation Panel "Panel" consists of 7 (vii) active or senior status excursion court judges who shall be appointed by the Chief Justice, with the approval of the Supreme Courtroom of Appeals. Each appointment is for a term of three (3) years, with two (2) judges to be appointed each yr; provided still, that first in 2009 and in every 3rd yr thereafter, three (3) judges shall exist appointed. There is no prohibition against serving successive terms. The Chief Justice shall annually designate a Panel member to serve equally its Chair to preside over the activities of the Panel and to study to the Supreme Court of Appeals.

Application

These rules utilise to and govern all actions in the circuit courts referred and transferred by the Chief Justice as Mass Litigation to the Console. These rules shall non be construed to limit the jurisdiction of the circuit courts, equally established by police, or every bit creating any new cause of action.

Definitions

For purposes of this Dominion, the following definitions apply:

1. "Mass Litigation" — Ii (2) or more than civil actions pending in 1 or more than circuit courts:
   1. involving mutual questions of law or fact in mass accidents or single catastrophic events in which a number of people are injured; or
   2. involving common questions of law or fact in "personal injury mass torts" implicating numerous claimants in connexion with widely bachelor or mass-marketed products and their manufacture, design, use, implantation, ingestion, or exposure; or
   3. involving common questions of law or fact in "property damage mass torts" implicating numerous claimants in connectedness with claims for replacement or repair of allegedly defective products, including those in which claimants seek bounty for the failure of the product to perform equally intended with resulting harm to the production itself or other property, with or without personal injury overtones; or
   4. involving common questions of law or fact in "economical loss" cases implicating numerous claimants asserting defect claims similar to those in holding damage circumstances which are in the nature of consumer fraud or warranty actions on a grand scale including allegations of the existence of a defect without bodily production failure or injury; or
   5. involving common questions of law or fact regarding harm or injury allegedly caused to numerous claimants by multiple defendants as a result of alleged nuisances or like property damage causes of action.
2. "Liaison Counsel" — Attorneys designated by the Presiding Estimate and charged with essentially authoritative matters, including communications between the court and other plaintiff or defence counsel; receiving and distributing notices, orders, motions, and briefs for the group; convening meetings of counsel; advising other counsel and unrepresented parties of developments; and otherwise profitable in the coordination of activities and positions.
3. "Lead Counsel" — Attorneys designated by the Presiding Judge and charged with formulating and presenting positions on substantive and procedural problems during the litigation by initiating and organizing discovery requests and responses; conducting the principal examination of deponents; employing experts; arranging for support services; serving as the chief attorneys at trial for their respective plaintiff or defence grouping or subgroups; and organizing and coordinating the work of the other attorneys on their respective plaintiff or defense trial team.
4. "Certificate of Service List" — The document prepared past Liaison Counsel from the Notices of Appearance and information from self-represented parties and certified by the Presiding Judge as the official contact list of counsel and self-represented parties for service or other notice.
5. "Find of Appearance" — The certificate all counsel shall file and serve containing the proper name and accost of the political party or parties each counsel represents, the name and address of the attorney, the name of the chaser's constabulary business firm, the chaser's West Virginia Country Bar Identification Number, if applicable, or pro hac vice admission status, phone number, fax number, and electronic mail accost.
6. "Find of Withdrawal" — The document all counsel shall file and serve on all parties, after complying with Trial Courtroom Rule iv.03(b), if counsel no longer represents a party or parties, or after a party is dismissed.
7. "Presiding Judge" — One or more members of the Console assigned by order of the Panel Chair, with the communication and consent of the Panel, to preside in Mass Litigation or proceedings therein referred past the Chief Justice to the Console. "Presiding Estimate" also includes an active or senior status circuit courtroom judge or judges recommended by the Panel and assigned by the Chief Justice to assistance the Panel in resolving Mass Litigation or proceedings therein.
8. "Atomic number 82 Estimate" — The guess appointed by order of the Console Chair, with the advice and consent of the Panel, to lead in Mass Litigation in which more one Presiding Approximate is assigned.

Console Duties

The Console shall:

1. develop and implement case management and trial methodologies to fairly and expeditiously resolve Mass Litigation referred to the Panel by the Master Justice;
2. preside in Mass Litigation or proceedings therein referred by the Primary Justice;
3. request the assignment by the Main Justice of additional active or senior status circuit court judges to assist the Panel in resolving Mass Litigation or proceedings therein as needed, and provide help and guidance to such judges when assigned;
4. recommend for adoption by the Supreme Court of Appeals rules for conducting the concern of the Console as needed;
5. report periodically to the Principal Justice concerning the Panel'southward activities;
6. have such action as is reasonably necessary and incidental to the powers and responsibilities conferred by this dominion or by the specific directive of the Chief Justice; and
7. develop and implement plans for cardinal organization, including, but not limited to staffing, record keeping, and other assist for the direction of Mass Litigation, the transfer and storage of Mass Litigation courtroom files to the appropriate circuit, the implementation of appropriate technology, and the adoption of necessary rules and procedures.

Motion to Refer Actions as Mass Litigation

1. 1. Any party, judge, or the Administrative Director of the Courts may seek a referral of actions every bit Mass Litigation to the Panel by filing a Motion to Refer to the Mass Litigation Panel in any circuit courtroom in which an action is pending. The move shall identify the nature of the actions sought to exist referred, the number of plaintiffs, the number of defendants, the number of deportment pending, the basis for the request, a listing of the particular deportment in all the circuits for which a referral is being requested, and, if known, whether additional related actions may exist filed in the hereafter.
   2. The motion may be filed inside vi (6) months after the filing date of the action; provided, nevertheless, that a approximate or the Administrative Director of the Courts may file the motion at any time, if it is determined the litigation qualifies as Mass Litigation that may be resolved more than expeditiously by referral to the Panel.
   3. The motion shall be served on all the parties, including those parties not represented by counsel, all judges in actions which are the subject of the motion, and the Panel'southward Mass Litigation Managing director. Any political party shall have twenty (20) days after the motion is filed to file a reply memorandum stating its position and opposition, if any. Any affected approximate may file a answer memorandum inside twenty (20) days thereafter.
2. The filing of a Move to Refer to the Mass Litigation Panel shall not operate as a stay of the civil action(southward).
3. 1. After the response periods take expired, the approximate of the circuit court in which the Motility to Refer to the Mass Litigation Console was filed shall directly the clerk of the circuit court to transmit to the Clerk of the Supreme Court of Appeals for filing a copy of the move and all reply memoranda for review by the Principal Justice. Upon review of the motion and reply memoranda, the Chief Justice may act directly upon the movement or may direct the Panel to conduct a hearing and make recommendations apropos coordinated or consolidated proceedings under this dominion.
   2. If the Primary Justice directs, a Panel member or members shall hold a hearing to receive evidence and entertain arguments past the parties or whatever estimate, and shall submit findings of fact and a recommendation to the Chief Justice.
   3. The Chief Justice, whether acting directly upon the motion or upon the recommendation of the Panel fellow member or members, shall enter an guild either granting or denying the movement, or providing modified relief. The order shall exist filed with the Clerk of the Supreme Court of Appeals who shall send a re-create of the gild to the Panel Chair and to the clerk(s) of the circuit courtroom(s) where the deportment are awaiting for service on all parties.
4. Nothing independent in this rule affects the authority of a circuit court guess to human action independently under the provisions of W. Va. R.Civ.P. 42.

Consignment of Presiding Judge in Mass Litigation

1. An guild from the Master Justice granting a Move to Refer to the Mass Litigation Console is a transfer of Mass Litigation to the Panel. Upon receipt of the order, the Panel Chair shall, with the advice and consent of the Panel, by lodge assign a Presiding Judge. If more than ane Presiding Judge is assigned, the Panel Chair shall, with the advice and consent of the Panel, past order appoint a Pb Estimate, and in such event, to the extent possible, require advisable measures to be adopted to insure uniformity of decisions, including the requirement for all pre-trial dispositive motions to be decided past a majority of the Presiding Judges assigned to preside in the Mass Litigation or proceedings therein.
2. If the Panel requests the consignment of additional agile or senior status circuit courtroom judges to assistance in resolving Mass Litigation or proceedings therein, the request and recommendation shall be filed with the Clerk of the Supreme Courtroom of Appeals and sent to the Main Justice. The guild of assignment by the Primary Justice shall be filed with the Clerk and sent past the Clerk to the Console Chair and to the clerk of the excursion court where the Mass Litigation is pending for service on all parties.
3. The Panel Chair may act on any properly filed motions until the Mass Litigation is assigned to a Presiding Judge.

Powers of Presiding Gauge

1. The Presiding Approximate is authorized to preside in whatsoever circuit in which Mass Litigation or proceedings therein are pending, or in which Mass Litigation or proceedings therein are transferred for purposes consistent with the Console's case management and trial methodologies.
2. With the advice and consent of the Panel, the Presiding Judge is authorized to consolidate and/or transfer Mass Litigation or proceedings therein from one circuit to one or more other circuits to facilitate the Panel'southward case management and trial methodologies and to gild the transfer of court files to the advisable circuit.
3. In the absence of an agreement of the parties, the Presiding Judge is authorized to appoint Liaison Counsel and/or Lead Counsel and, after consultation with all counsel, to determine the method and style of bounty for Liaison Counsel and/or Lead Counsel.
4. The Presiding Judge is authorized to prefer a case management order that specifies the use of a Certificate of Service Listing, Notice of Appearance and/or Notice of Withdrawal and, after because the due process rights of the parties, to adopt any procedures deemed advisable to fairly and efficiently manage and resolve Mass Litigation.
5. The Presiding Gauge shall take the sole authority to supervise the jury pick process, to disqualify a prospective juror from jury service, and to excuse jurors from juror service in Mass Litigation to which the Presiding Judge has been assigned, all pursuant to Westward.Va. Code § 52-i-1 et seq.

Motion to Join in Existing Mass Litigation

1. 1. This procedure applies if the initial order by the Chief Justice granting a Motion to Refer to the Mass Litigation Panel authorizes the Console to transfer and join with the existing Mass Litigation any similar or related actions subsequently filed in whatsoever circuit court.
   2. A Movement to Join in Existing Mass Litigation shall be filed with the clerk of the excursion court(s) where the action(s) sought to be transferred are pending and with the clerk of the circuit court where the existing Mass Litigation is pending. The motion shall set along the identity and nature of the action(south) sought to exist transferred, the number of plaintiffs, the number of defendants, the number of deportment awaiting, the basis for the asking, a list of the particular deportment in all the circuits for which a transfer is requested, and, if known, whether additional related actions may be filed in the future. The motility shall exist served on all parties, including those not represented by counsel, and sent to all judges in the action(s) sought to be transferred and to the Presiding Approximate in the existing Mass Litigation sought to be joined.
   3. The Presiding Judge in the existing Mass Litigation shall, with the advice and consent of the Panel, grant or refuse the move by written order. The social club shall be filed with the clerk of the circuit court where the existing Mass Litigation is awaiting, and shall be sent to the Panel Chair, and to the clerk(due south) of the circuit court(s) where the action(s) sought to be transferred are pending for service on all parties.
2. If the initial order by the Primary Justice granting a Motion to Refer to the Mass Litigation Panel does not authorize the Panel to transfer and join with the existing Mass Litigation whatever subsequently filed actions, the procedure under Dominion 26.06 shall be followed.

Class Actions

If whatsoever Mass Litigation transferred to the Panel is after certified as a class action by whatever court pursuant to Rule 23, W. Va. R.Civ.P., the Panel may request the Main Justice to transfer the Mass Litigation from the Panel to the appropriate circuit court.

Official Reporter

In each Mass Litigation proceeding, the Presiding Judge shall determine and designate the official court reporter to transcribe proceedings. No other transcriber or transcription shall be permitted without consent of the Presiding Judge.

Scope; Conflicts

If these Rules conflict with other rules or statutes, these rules shall apply; otherwise all applicable Rules apply.

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Rule 27. Public Funding for Expert Help in Child Abuse or Fail Cases

Motion and Appointment

Upon motion past a party or upon its own motion, the courtroom may appoint an practiced to perform a medical or psychological evaluation and may crave such expert to testify, pursuant to West Virginia Code § 49-6-4.

Compensation of Experts

The courtroom shall by lodge constitute in advance the reasonable fees and expenses to exist paid to an adept. Payment shall be as follows: Upon completion of services past an expert, the court shall, by order, direct the State Department of Health and Human Resources to pay for the expert'south evaluation, report writing, consultation, or other grooming; and the court shall, past order, direct payment by the Supreme Court's Administrative Office for the expert's fee and expenses entailed in appearing to testify as a witness.

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Rule 28. Reasonable Efforts and Contrary to the Welfare Findings in Juvenile Cases

After whatever juvenile delinquency or abuse and neglect proceeding has been initiated or transferred to circuit court, any political party may competition the making or refusal to make "reasonable endeavour" and "contrary to the welfare" findings required past Title 4-Eastward of the Social Security Act, by any magistrate court, juvenile referee or circuit court at the initial stages of such proceeding.

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Rule 29. Business Court Divisions

Business organisation Court Partitioning — Preamble

In accordance with W Virginia Lawmaking § 51-two-xv, there is hereby adopted a process for efficiently managing and resolving litigation involving commercial problems and disputes between businesses that includes the establishment of a Business Court Division to handle a specialized court docket within the circuit courts.

Business Court Sectionalisation

The Business Court Partitioning "Partition" consists of upwardly to vii (7) active or senior status circuit court judges who shall be appointed past the Primary Justice, with the approval of the Supreme Court of Appeals. Each engagement is for a term of seven (7) years. In 2012 at least three judges shall exist appointed, with subsequent appointments to be fabricated in such a mode as to insure that the terms are staggered. Kickoff in 2012 and every three years thereafter, the Master Justice shall designate a gauge of the Division to serve as its Chair to preside over the activities of the Partitioning and to report to the Supreme Court of Appeals. At that place is no prohibition against serving successive terms, either as judge or equally Chair of the Division.

Application

These rules apply to and govern all actions in the excursion courts that are referred and transferred by the Primary Justice as Business organisation Litigation to the Segmentation. These rules shall non be construed to limit the jurisdiction of the circuit courts or to create any new cause of action.

Definitions

For purposes of this Rule, the following definitions utilise:

1. "Business Litigation" — 1 or more pending actions in circuit court in which:
   1. the master claim or claims involve matters of significance to the transactions, operations, or governance between business organisation entities; and
   2. the dispute presents commercial and/or engineering science issues in which specialized handling is likely to ameliorate the expectation of a fair and reasonable resolution of the controversy because of the need for specialized knowledge or expertise in the subject affair or familiarity with some specific law or legal principles that may be applicable; and
   3. the main claim or claims do not involve: consumer litigation, such equally products liability, personal injury, wrongful decease, consumer class actions, actions arising under the Westward Virginia Consumer Credit Act and consumer insurance coverage disputes; non-commercial insurance disputes relating to bad organized religion, or disputes in which an individual may be covered under a commercial policy, but is involved in the dispute in an individual capacity; employee suits; consumer environmental actions; consumer malpractice actions; consumer and residential existent manor, such as landlord-tenant disputes; domestic relations; criminal cases; eminent domain or condemnation; and administrative disputes with government organizations and regulatory agencies, provided, withal, that circuitous revenue enhancement appeals are eligible to be referred to the Concern Court Division.
2. "Business Litigation Assignment Region" — a group of existing judicial circuits that meets the population requirements gear up along in West Virginia Code § 51-2-15(b). The Consignment Regions are:

Assignment Region A	Barbour, Harrison, Lewis, Marion, Monongalia, Preston, Taylor, and Upshur Counties
Assignment Region B	Brooke, Doddridge, Hancock, Marshall, Ohio, Pleasants, Ritchie, Tyler, Wetzel, Wood, and Wirt Counties
Assignment Region C	Calhoun, Jackson, Kanawha, Bricklayer, Putnam, and Roane Counties
Consignment Region D	Boone, Cabell, Lincoln, Logan, Mingo, and Wayne Counties
Consignment Region E	Braxton, Clay, Fayette, Gilmer, Nicholas, Raleigh, Webster, and Wyoming Counties
Assignment Region F	Greenbrier, McDowell, Mercer, Monroe, Pocahontas, and Summers Counties
Consignment Region Thou	Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan, Pendleton, Randolph and Tucker Counties

3. " Central Function of the Business Court Segmentation " — a location designated by the Supreme Court to act equally the central administrative headquarters for the functioning of the Business Court Division.
4. "Presiding Approximate" — A fellow member of the Division assigned by club of the Partition Chair, with the advice and consent of the Division, to preside in Business Litigation or proceedings therein referred past the Chief Justice to the Segmentation.
5. "Resolution Judge" — A member of the Partition assigned past order of the Division Chair, with the communication and consent of the Division, to mediate, arbitrate, or provide any other form of dispute resolution agreed to by the parties. To protect confidentiality of the arbitration procedure, communication between the presiding and resolution estimate regarding the mediation during or after the procedure shall exist limited to procedural status or other matters agreed to by all parties. The presiding judge will retain control and jurisdiction over the case.

Division Duties

The Partition shall:

1. develop and implement effective example direction and trial methodologies to fairly and expeditiously resolve Business Litigation referred to the Division by the Chief Justice;
2. preside over Business organization Litigation or proceedings therein referred to the Partitioning by the Master Justice;
3. recommend for adoption past the Supreme Courtroom of Appeals rules for conducting the business organisation of the Sectionalisation as needed;
4. make an almanac report to the Supreme Courtroom and communicate with the Chief Justice and the Administrative Manager concerning the Division's activities as requested;
5. have all such necessary deportment incidental to the powers and responsibilities conferred by this rule, every bit well as actions specifically directed by the Chief Justice; and
6. develop and implement plans for key organization, including, simply not limited to staffing, record keeping, transfer and storage of Segmentation files to the appropriate judicial circuit, implementation of appropriate technology, adoption of necessary procedures, and any other authoritative action necessary to achieve the constructive management of Concern Litigation.

Motion to Refer Actions as Business Litigation

1. 1. Any political party or guess may seek a referral of Business Litigation to the Division past filing a Motion to Refer to the Business Court Division with the Clerk of the Supreme Court of Appeals of Due west Virginia. The move shall identify the nature of the action(s) sought to be referred, the footing for the request, and, if known, whether boosted related actions are pending or may be filed in the futurity. A copy of the complaint, answer, docket sheet and any other documents that support referral under Trial Court Rule 29.04(a) shall be fastened to the motion.
   2. The movement shall be filed after the time to answer the complaint has expired. For proficient cause shown to the Main Justice, the motion may be filed sooner.
   3. The movement shall be served on all the parties, including those parties not represented past counsel, all judges in action(south) that are the subject of the move, the excursion clerk where the case is pending, and the Central Office of the Business Court Partition.
   4. Whatever political party or affected judge shall have twenty (20) days afterwards the motion is filed to file a reply memorandum stating its position and opposition, if any. whatever reply memorandum must exist filed with the Clerk of the Supreme Court of Appeals and served in accordance with Trial Court Dominion 29.06(a)(3). The Chief Justice shall have the authority to grant or deny the motion to refer without response for good crusade shown.
2. The filing of a Movement to Refer shall not operate as a stay of the civil activeness(south), unless otherwise ordered by the judge of the excursion court in which the case is awaiting.
3. 1. Later the response period has expired, upon review of the motility and respond memoranda, the Chief Justice may act straight upon the move or may direct the Division to deport a hearing.
   2. If the Principal Justice directs, a Division fellow member or members shall hold a hearing to receive evidence and entertain arguments by the parties or any guess, and shall submit findings of fact and a recommendation to the Main Justice.
   3. The Principal Justice, whether acting directly upon the motion or upon the recommendation of the Division member or members, shall promptly enter an order either granting or denying the motion, or providing modified relief. The social club shall be filed with the Clerk of the Supreme Court of Appeals who shall ship a copy of the order to the Segmentation Chair, to the Central Office of the Business Court Division, and to the clerk(s) of the circuit court(s) where the action(s) are pending for service on all parties.
4. Nothing independent in this dominion affects the authority of a circuit court guess to act independently nether the provisions of Due west. Va. R.Civ.P. 42.

Assignment of Presiding and Resolution Judge in Business organization Litigation

1. An order from the Primary Justice granting a Motion to Refer is a transfer of Business Litigation to the Segmentation. Upon receipt of the guild, the Division Chair shall, with the advice and consent of the Division, enter an order assigning Presiding and Resolution Judges. The Division Chair may serve every bit a Presiding or Resolution Approximate.
2. Upon referral by the Chief Justice and consignment past the Division Chair, the Presiding Estimate is authorized, pursuant to Article Eight § iii of the West Virginia Constitution, to preside over the action in any canton that is within the same Business Litigation Assignment Region in which the case is filed.

Powers and Duties of Presiding and Resolution Judges

1. The Presiding Judge is authorized to preside in whatever excursion in which Business concern Litigation or proceedings therein are awaiting, or in which Business Litigation or proceedings therein are transferred for purposes consistent with the Sectionalization's case management and trial methodologies.
2. With the advice and consent of the Division, the Presiding Judge is authorized to consolidate and/or transfer Business Litigation or proceedings therein from i circuit to one or more other circuits to facilitate the Segmentation's case management and trial methodologies and to society the transfer of court files to the appropriate excursion.
3. Within xxx (thirty) days of being assigned, the Presiding Judge shall conduct a example direction and scheduling briefing.
4. Within fifteen (15) days of the example management conference, the Presiding Judge shall issue a example management order that includes any deadlines or procedures deemed appropriate to fairly and efficiently manage and resolve the Business Litigation.
5. The Presiding Judge may schedule conferences, motions, arbitration, pretrial hearings, and trials in whatsoever circuit courtroom courtroom inside the Consignment Region, with due consideration for the convenience of the parties.
6. The Presiding Gauge shall have the sole authority to supervise the jury selection process, to disqualify a prospective juror from jury service, and to excuse jurors from juror service in Business Litigation to which the Presiding Guess has been assigned, all pursuant to W.Va. Code § 52-ane-i et seq.
7. The Business Litigation should proceed to final judgment in an expedited manner. The time standards for general civil cases set forth in Trial Courtroom Rule 16.05 shall utilise; provided, nevertheless, that the Presiding Judge shall make all reasonable efforts to conclude Business Litigation inside ten (ten) months from the date the case management club was entered. All other time standards for service of notices and entry of order set forth in the West Virginia Rules of Civil Process shall apply unless modified by order entered by the Presiding Approximate.
8. The Resolution Approximate is authorized to schedule and carry mediation of the example or any Culling Dispute Resolution as agreed to past the parties and the Resolution Judge in an attempt to resolve the case in an expedient and efficient manner.

Telescopic; Conflicts

If these Rules conflict with other rules or statutes, these rules shall apply; otherwise all applicable Rules apply.

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Source: http://www.courtswv.gov/legal-community/court-rules/trial-court/chapter-2.html

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