Rule 81 - [Effective 1/1/2025] Applicability of the rules in general(a)Review of decisions of magistrates and administrative agencies.(1)Review of magistrate proceedings. These rules apply to an appeal in circuit court, except that Rules 26 through 37 may not be used and no pleadings other than those used in the case in the magistrate court may be used except by order of the court.(2)Review of administrative proceedings. These rules, where applicable, apply in circuit court when any testimony is taken before the court in the judicial review of an order or decision rendered by an administrative agency.(b)Divorce, annulment, affirmation, and separate maintenance.(1)Family court. These rules apply in family court divorce, annulment, affirmation and separate maintenance. proceedings only to the extent expressly authorized by the Rules of Practice and Procedure for Family Court.(2)Circuit court. These rules apply to actions filed in circuit court as provided by law for divorce, annulment, affirmation and separate maintenance, except as to the following qualifications.(A) All pleadings shall be verified. The case shall be tried and heard independently of the admissions of either party in the pleadings.(B) Costs may be awarded to either party and the court, may suspend or withhold any order or judgment until the costs are paid.(C) A divorce or annulment action shall not be tried or heard prior to the expiration of the maximum period of time within which the defendant in such action is required to file an answer as provided in Rule 12.(D) Unless specifically authorized by statute, no judgment of divorce, annulment or affirmance of marriage shall be granted on the uncorroborated testimony of the parties or either of them.(E) Rules 26 through 37 may not be used in actions for divorce, annulment, affirmation of marriage and separate maintenance for the purpose of discovery except by order of the court in the action and only to the extent provided by the order.(c)Sale of forfeited and delinquent lands.These rules apply to proceedings to sell land purchased by the State for nonpayment of taxes and become irredeemable, or forfeited for nonentry, or escheated, or waste and unappropriated, title to which remains in the State, subject to the following qualifications.
(1) Rules 13, 14, 18, 19, 20 and 23 do not apply;(2) Rule 4 does not apply except that the order of publication must be modified to conform with the provisions of Rule 4, and judgment by default may be rendered against any defendant in such action who must fail to appear and defend by the date mentioned in the order of publication; and(3) items, interests, parties and claims may be joined in such actions as authorized by W.Va. Code § 11A-4-1.(d)Ex parte proceedings.Rules 5(b), 5(ed)(2), 5(d)(3) and 80 apply to ex parte proceedings. The other rules do not apply to such proceedings except by order of the court for cause shown in the proceeding and only to the extent provided by the order. Such proceedings include, but are not limited to:
(3) statutory summary procedure for the sale, lease, or encumbrance of property of persons under legal disability; or(4) statutory summary procedure for the sale, lease, or other conveyance of property subject to future interests; or(5) statutory summary procedure for the compromise and settlement of claims by a guardian or committee for personal injuries sustained by the guardian's or committee's ward.(e)Juvenile proceedings.Rules 5(b), 5(d)(2), 5(d)(3) and 80 apply. The other rules do not apply to juvenile proceedings brought under the provisions of the West Virginia Code.
(f) These rules, to the extent they are not inconsistent with the West Virginia Rules Governing Post-Conviction Habeas Corpus Proceedings, may be applied, when appropriate, to petitions filed in West Virginia circuit courts when seeking postconviction habeas corpus relief.Amended effective 1/1/2025.