The Sixth Edition of the Litigation Handbook on West Virginia Rules of Civil Procedure provides a meaningful and thorough starting and end point for researching the West Virginia Rules of Civil Procedure.
The Handbook, which has been cited by the Supreme Court of Appeals of West Virginia more than fifty times and hundreds of times by lower courts, has been greatly enhanced with the addition of hundreds of pages of substantive material that have been integrated throughout the eight chapters of the work. Most importantly, this new edition incorporates the substantial amendments to the West Virginia Rules of Civil Procedure that went into effect on January 1, 2025.
These amendments bring significant changes to civil litigation in West Virginia, aligning the state rules more closely with the federal rules of civil procedure. The revised rules include both structural and substantive changes aimed at enhancing readability and clarity.
Key changes include:
• Rule 5.2: Added to provide privacy protections for court filings.
• Rule 12: Extended the period for a defendant to file an answer or affirmative defense.
• Rule 15: Increased the time period for pleading amendments and responses.
• Rule 16: Added a time period for issuing a scheduling order.
• Rule 23: Substantively amended to include new procedures for settlement, dismissal, appointing class counsel, and a new formula for dispensing residual funds.
• Rules 26-37: Substantive and structural changes for depositions and discovery, including automatic disclosure of certain information under Rule 26.
• Rule 38: Increased the time period for filing a jury demand.
• Rule 45: Revised to add guidelines for responding to subpoenas requesting electronically stored information.
• Rule 53: Added new provisions for the appointment of a discovery commissioner.
The new edition also points out some cross-reference errors in the amendments that we expect the state Supreme Court will correct in due course.
The Handbook is a proven, invaluable tool and reference for the bench and bar and for all who need to understand the application of the West Virginia rules of civil procedure.
Louis J. Palmer, Jr. was a staff attorney on the West Virginia Supreme Court of Appeals from 1996 to 2020. He was a Drafter of the West Virginia Rules of Evidence and of the West Virginia Rules of Civil Procedure and has Authored several books that include: Racism in America: A Guide to Understanding Discrimination (2006); Encyclopedia of DNA and the United States Criminal Justice System (2004); Encyclopedia of Abortion in the United States (2002); and Encyclopedia of Capital Punishment in the United States (2001).
