Rule 36 - Motions [Abrogated effective July 1, 2022](a)Content of motions; response; reply. - Unless another form is elsewhere prescribed by these rules, a motion for an order or other relief from the circuit court shall be made by filing a written motion for such order or relief with the circuit clerk, with service upon the other party in accordance with Rule 5 of the Rules of Civil Procedure. The motion shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by a memorandum of law, affidavits or other papers, they shall be served along with the motion. A party may file a response to a motion. A reply to a response to a motion may not be filed. (b)Determination of motions for procedural orders. - Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders may be acted upon by the circuit court at any time, without awaiting a response. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action. (c)Hearing. - No oral argument shall be held on such motion, unless requested and scheduled by the circuit court. W. Va. R. Prac. & P. Fam. Ct. 36
Amended by order adopted November 27, 2001, effective 1/1/2002 and by order entered and effective 12/1/2005; by abrogated June 15, 2022, effective 7/1/2022.Clerk'S Note: The Rule is abrogated since the Rules of Appellate procedure apply. Appendix A: Forms for Family Court Proceedings. Form 1, Petition for Appeal from Family Court Final Order is abrogated.