As amended through January 31, 2024
Rule 13 - Judicial economy and consolidation(a)Transfer by magistrate to family court judge before whom the parties have a case pending. - If the petitioner indicates that the parties to the protective order proceeding are also parties in a case pending before a family court judge in the same county, then the magistrate shall notice the final hearing before that family court judge. (b)Transfer by family court judge to another family court judge before whom the parties have a family court case pending. - If a family court judge learns that the parties to a protective order proceeding have a family court case pending before another family court judge, then the family court judge before whom the domestic violence proceeding is pending shall transfer the case to the family court judge before whom the family court case is pending, if venue is proper. (c)Consolidation. - If a family court judge learns that the parties to a protective order proceeding have a second protective order proceeding pending before another family court judge, then the family court in which the first such action was commenced shall order both protective order proceedings transferred before it or any other family court in which another protective order proceeding is pending, if venue is proper. The court to which the actions are transferred may order a joint hearing of the matters in issue, and may make such other orders as may tend to avoid unnecessary cost or delay, provided, however, the court shall enter a separate order for each action. (d)Transfer from county to county. - When a domestic violence case is transferred between counties, the domestic violence case shall be closed in family court from the originating county and assigned a new family court case number in the county receiving the case. Upon holding the final hearing, the family court shall fax the order to the magistrate clerk's office of the originating county and the clerk shall immediately place the family court order on the national domestic violence registry and the statewide domestic violence database, provided, however, the original case file shall remain in the county where the final hearing is held. W. Va. R. Prac. & P. Dom. Viol. 13