West Virginia Motion for Continuance

Introduction

Key Things to Know

1. 1

   West Virginia uses the term continuance. Family Court Rule 19 and Magistrate Court Civil Rule 12 govern it. The circuit-court civil rules have no general continuance rule.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you it has been moved.

3. 3

   The standard is good cause. Family Court Rule 19 says no continuance shall be granted except for good cause shown, and the decision rests in the court's sound discretion.

4. 4

   In family court and magistrate court the motion must be in writing and is filed and served on all parties. In family court it must concisely state the grounds. Neither rule requires an affidavit, but state your facts clearly.

5. 5

   Family court: file and serve at least 7 days before the hearing, and later only for exigent circumstances that could not have been anticipated. Magistrate court: at least 10 days before the first trial date unless good cause is shown.

6. 6

   A party may not be granted more than one continuance in family court, and the continued hearing must be reset within 75 days. Costs and attorney's fees can follow late or repeat motions.

7. 7

   In eviction cases a continuance is for cause only, and a tenant who gets one must pay into court the periodic rent that comes due during the continuance.

West Virginia Requirements for Motion for Continuance

• Court-Specific Continuance Rules

  Family Court Rule 19 and Magistrate Court Civil Rule 12 govern continuances. The circuit-court civil rules have no general continuance rule. West Virginia calls the request a continuance.

• Good Cause Standard

  Family Court Rule 19: no continuance shall be granted except for good cause shown, and the grant or denial rests in the court's sound discretion. Magistrate Court Rule 12(b) also requires good cause.

• Written Motion Filed and Served

  Family Court Rule 19(a) requires a written motion concisely stating the grounds, filed and served on all parties. Magistrate Court Rule 12(a) requires a written motion, filed and served. Neither rule requires an affidavit.

• Family Court 7-Day Deadline

  A family court motion must be filed and served not less than 7 days before the hearing. Later motions need exigent circumstances that could not have been anticipated.

• Magistrate Court 10-Day Deadline

  A magistrate court motion must be filed and served not less than 10 days before the first trial date unless good cause is shown. The deadline does not apply to wrongful-occupation proceedings.

• One Continuance and 75-Day Reset

  In family court a party shall not be granted more than one continuance, and the continued hearing must be reset within 75 days. Costs and fees may be imposed for late or repeat motions (Rule 19(d)).

• Eviction Continuances for Cause Only

  W. Va. Code 55-3A-3(d): continuances in eviction cases are for cause only, not as of right. A tenant granted a continuance must pay into court the periodic rent that comes due during it.

• No Continuance by Agreement Alone

  Trial Court Rule 38.01 says cases may not be continued by agreement or stipulation, only by leave of court. It appears in the criminal-trial section, so confirm its reach with the clerk.

• Hearing Date Stands Until Court Rules

  Filing a motion does not postpone the hearing. Attend unless the court grants the motion and tells you the date has moved.