Thursday, March 26, 2020

WV Judicial Emergency for COVID-19, most proceedings and deadlines delayed

Our state courts, including magistrate, family, and circuit courts, are administered by the West Virginia Supreme Court of Appeals (WVSLA). Municipal courts operate independently.
In response to the COVID_19 pandemic the WVSCA has issued 2 orders and a plan document. You can access all these and future COVID-19 related court administration documents at http://www.courtswv.gov/covid19/COVID19.html.
Pursuant to those orders all civil and criminal proceedings in our state courts, except emergency proceedings and certain criminal proceedings, are currently stayed through 4/10/2020. All deadlines that fall between 3/23/2020 and 4/10/2020 are extended to 4/11/2020. All statutes of limitation that fall within those dates are extended to 4/11/2020. Statutes of limitation that do not expire between those dates ARE NOT extended.
Emergency proceedings include:
  • domestic violence
  • child abuse and neglect where there is imminent threat
  • infant guardianship
  • custody cases involving threat to cbild
  • juvenile detention/placement in state custody
Criminal proceedings necessary to ensure the right to a speedy trial are not subject to the stays.
Proceedings should continue utilize technology to limit physical contact when possible.
Note that eviction is not on the emergency civil proceedings list, so there should be no ordinary eviction proceedings at least through 4/10/2020.
If you are at least 60 and a West Virginia resident with a civil legal question or problem, or concerns about the status of our state courts you can call WV Senior Legal Aid at 1-800-229-5068 for help.






0 Comments:

Post a Comment

<< Home