West Virginia Civil Procedure Gets an Update: New Rules to Take Effect in 2025
On January 31, 2024, the West Virginia Supreme Court of Appeals adopted amendments to the West Virginia Rules of Civil Procedure. These changes will be effective on January 1, 2025. Many West Virginia Rules of Civil Procedure are being amended to largely conform to the Federal Rules of Civil Procedure.
One of the most significant changes involves Rule 26, which governs discovery. The revised rule will require parties to hold a mandatory conference early in the case to discuss discovery matters and explore settlement options. Parties will be required to have this mandatory conference within 30 days after the filing of a responsive pleading. Additionally, initial disclosures must be made between the parties within 30 days of the conference, and a proposed discovery plan will need to be submitted to the Court within 14 days after the conference. These changes are similar to the manner in which discovery is currently conducted under the Federal Rules of Civil Procedure. The focus on initial disclosures does come with a few exceptions, such as in cases where the amount in controversy is agreed to be less than $25,000.
Other noteworthy amendments include:
Deadline Extensions and Changes. Multiple deadlines have been either extended or changed to be more comparable to their federal counterparts. For example, the deadline for filing an amended pleading as a matter of course will be 21 days, instead of the current deadline of 20 days.
Changes to Certain Discovery Rules. With the focus on initial disclosures, a few discovery rules are also being changed. For example, the number of interrogatories permitted per party is being reduced to 25 from the original 40, and the time for depositions will be limited to one day for a period of seven hours.
Modernized Language. The language of many of the Rules has been updated with modern legal terminology and to reflect their federal counterparts.
The changes are expected to have a positive effect on the state’s civil justice system by promoting efficiency, fairness, and cost-effectiveness. A full list of the amendments to the West Virginia Rules of Civil Procedure can be viewed here or by visiting the Court’s website at www.courtswv.gov. While this post provides a general overview of the changes, it is not a substitute for legal advice. If you have specific questions about these upcoming changes or require legal guidance, please do not hesitate to contact our firm.
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, and Pennsylvania. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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