| 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. |