Petitions for modification

West Virginia Rules of Practice and Procedure for Family Court

Rule: 50.

Jurisdiction: WV

Bluebook Citation: W.Va. Fam. Ct. R. 50.

Leave of court shall not be required for filing a petition for modification. A petition for modification shall be in writing, specify facts which demonstrate good cause for relief, be filed with the circuit clerk, and sent to all parties. Within five days of the filing of a petition for modification the circuit clerk shall notify the family court. If a petition for modification is filed in a closed case, the petition shall be filed with three copies of a case information statement, and served on all parties. Within five days of receipt of a petition for modification the family court shall send a scheduling order to all parties. [Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]

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