Rule 81.Applicability of the rules in general
Current through January 1, 2025 · Last verified July 8, 2026
Full Text of Rule 81
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 1 says these rules govern every civil action except as Rule 81 provides, and Rule 81 is where those carve-outs live. Appeals from magistrate court get the ordinary rules, but without Rules 26 through 37's discovery tools, and generally without pleadings beyond what was already used in magistrate court. Judicial review of an administrative agency's decision gets these rules too, wherever testimony is taken before the circuit court in that review.
Family court divorce, annulment, affirmation, and separate maintenance proceedings follow these rules only to the extent the Rules of Practice and Procedure for Family Court expressly say so. The same kinds of cases filed in circuit court follow these rules with real modifications: pleadings have to be verified and the case tried independent of any admissions in them, costs can go to either party (with the court able to withhold a judgment until they're paid), the case can't be tried before the defendant's Rule 12 answer deadline expires, no divorce or annulment can rest on the parties' own uncorroborated testimony unless a statute allows it, and discovery under Rules 26 through 37 is off the table except by court order.
A handful of other proceedings get their own carve-outs: sales of land forfeited or escheated to the State exclude joinder and party rules like 13, 14, 18, 19, 20, and 23, modify Rule 4's publication requirements, and allow joinder of interests under a specific statute; ex parte proceedings (adoption, name changes, and certain statutory summary sales) apply only the service rules and Rule 80, plus whatever else the court specifically orders; juvenile proceedings work the same limited way; and post-conviction habeas corpus petitions can borrow from these rules where doing so doesn't conflict with West Virginia's own habeas corpus rules.
Frequently Asked Questions
Does discovery under Rules 26 through 37 apply to a magistrate-court appeal?
No. Rule 81(a)(1) excludes Rules 26 through 37 from magistrate-court appeals in circuit court.
How are circuit-court divorce actions different from ordinary civil cases under these rules?
Pleadings must be verified, the case is tried independent of pleading admissions, the case can't be tried before the defendant's answer deadline expires, uncorroborated testimony alone can't support a divorce or annulment unless a statute allows it, and discovery under Rules 26 through 37 is unavailable except by court order.
Do these rules apply to ex parte proceedings like adoptions?
Only in a limited way — Rules 5(b), 5(d)(2), 5(d)(3), and 80 apply, and nothing else applies except by court order for cause shown.
Do these rules apply to post-conviction habeas corpus petitions?
Yes, where appropriate and to the extent they aren't inconsistent with the West Virginia Rules Governing Post-Conviction Habeas Corpus Proceedings.