Rule 77 - [Effective 1/1/2025] Court and proceedings; clerk's authority; notice of an order or judgment; indigents(a)When court is open. Every court is considered always open for filing any document, issuing and returning process, making a motion or entering an order.(b)Place for trial and other proceedings. Every trial on the merits shall be conducted in open court and so far as convenient in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the circuit But no hearing, other than one ex parte, shall be conducted outside the circuit unless all the affected parties consent.(c)Clerk's office hours; clerk's orders.(1)Hours. The clerk's office-with a clerk or deputy on duty shall be open during business hours every day except Saturdays, Sundays and legal holidays. But a may, by an approved local rule or order, require that the office be open for specified hours on Saturday or a particular legal holiday other than one listed in Rule 6.(2)Orders. Subject to the court's power to suspend, alter, or rescind the clerk's action for good cause, the clerk may: (C) enter a default judgment under Rule 55(b)(1); and(D) act on any other matter that does not require the court's action,(d)Serving Notice of an order or judgment.(1)Service. Immediately after entering an order or judgment, whether or not the order or judgment so directs, the clerk, shall serve notice of the entry, as provided in Rule 5(b), on each party who is not in default for failing to appear. The clerk shall record the Service on the docket. A party also may serve notice of The entry as provided in Rule 5.(2)Time to appeal not affected by lack of notice. Lack of notice of the entry does not affect the time for appeal or relieve a party for failing to appeal within the time allowed, except as allowed by Rule 5 of the Rules of Appellate Procedure.(e) Waiver of fee, costs and security for indigents.(1)Filing of financial affidavit and application. A person seeking waiver of fees, costs or security, pursuant to West Virginia Code § 59-2-1, shall execute before the clerk or a deputy an affidavit and application prescribed by the Supreme Court of Appeals, which shall be kept confidential in divorce and domestic violence proceedings.(2)Clerk's approval of application. In making the initial determination of eligibility for waiver of fees, costs or security pursuant to the Financial Guidelines for Determining Eligibility for Waiver of Fees, Costs, or Security in Civil Cases as promulgated by the Supreme Court of Appeals. (A) The clerk of the court is required to treat the financial disclosures in the application, which were made by the applicant under oath and penalty of false swearing, as true. If the clerk determines that the disclosures in the application meet the financial guidelines for waiver of fees, costs, or security, then the clerk shall immediately file the civil action.(B) Clerk's denial of application. If the clerk determines that the disclosures in the application do not meet the financial guidelines for waiver of fees, costs, or security, or if the clerk determines that the application provides insufficient information for the clerk to make such determination, then the clerk shall deny the application.(3) Review of eligibility for waiver by the court.(A) When a clerk denies an application of waiver, the clerk must inform the applicant of the right to request that the clerk forward a copy of the affidavit and application to a judge for review of the clerk's denial.(B) If an applicant requests review of the clerk's denial of the application, the clerk shall immediately forward a copy of the affidavit and application to the court.(C) Upon receipt of the affidavit and application, the court shall, within 7 days, either approve the a application, disapprove the application, instruct the person to provide additional information, or schedule an ex parte hearing to determine indigency.(D) The sole issue to be determined by the judge reviewing the application is whether the applicant meets the financial guidelines.(4)Filing a new application for changed circumstances. An additional affidavit and application of waiver shall be filed whenever the financial condition of the applicant no longer conforms to the financial guidelines for determining indigency or whenever an order has been entered directing the filing of a new affidavit.(5) The filing of an affidavit and application of waiver shall be deemed to toll any applicable statute of limitations or other time requirement. This rule does not govern the appointment of counsel or the payment of attorney fees.Amended effective 1/1/2025.