West Virginia

Effective Date: N/A
State:
West Virginia
Court Type: Appellate
Implementing Authority: N/A
Status: N/A
Time Standards: West Virginia has no case processing time standards for the appellate court system.
 

Effective Date: 1999
State:
West Virginia
Court Type: Trial
Case Type: Civil
Implementing Authority: Rule 16, W.V. Trial Court Rules
Status: Mandatory
Time Standards: General:
(filing to disposition)
75% within 18 months

Other:
(filing to disposition)
75% within 6 months
  West Virginia Trial Court Rules, Rule 16: Time Standards

Effective Date: 1999
State:
West Virginia
Court Type: Trial
Case Type: Criminal
Implementing Authority: Rule 16, W.V. Trial Court Rules
Status: Mandatory
Time Standards: Felony:
(indictment or information to setencing order)
80% within 8 months

Misdemeanor:
(indictment, information, or date of service of summons to setencing order)
80% within 8 months
 

Effective Date: 1999
State:
West Virginia
Court Type: Trial
Case Type: Domestic
Implementing Authority: Rule 16, W.V. Trial Court Rules
Status: Mandatory
Time Standards: Although Rule 16.06, W.V. Trial Court Rules, addresses Domestic Relations in Trial (general jurisdiction) courts, the Court adopted Rule 59, Rules of Practice and Procedure for Family Court, effective July 1, 2007, which addresses the time standards for the W.V. Family Court System.   W.V. Family Court System has jurisdiction on divorce, annulment, separate maintenance, domestic violence proceedings and other domestic relations proceedings.   Rule 59 (b) requires that in cases filed after 7/1/07, “the final order shall be entered in every case within 240 days of the filing of the initial pleading.”  In cases filed before 7/1/07, the final order shall be entered by July 1, 2008.   The compliance rate is 75% of all cases by July 1, 2008.  Rule 59(c).
 

Effective Date: 1999
State:
West Virginia
Court Type: Trial
Case Type: Juvenile
Implementing Authority: Rule 16, W.V. Trial Court Rules
Status: Mandatory
Time Standards: General:
(petition to dispositional hearing)
100% within 18 weeks

Adjudicatory Hearing:
(detention to hearing)
100% within 10 weeks

Child Abuse and Neglect Cases:
The time standards for child abuse and neglect cases are very detailed because these cases take precedence over other cases.   Rule 5, W. V. Rules of Procedure for Child Abuse and Neglect.  The Rules of Procedure for Child Abuse and Neglect contain many time standards and additional benchmarks are under consideration. 
 

Monitoring Information: Rule 16.02 (c), WV Trial Court Rules, requires the Administrative Director semi-annually to report the degree of compliance.  For out of compliance courts, the chief judge has 60 days to report to the Administrative Director the reasons for non-compliance.  Thereafter, the Administrative Director is to take remedial measures.

Rules 59 (d) and 60, WV Rules of Practice and Procedure for Family Court, require monthly reports and if necessary, a confidential referral to a peer review committee for consideration of appropriate actions.
Notes:

None.