Administrative Order: Judicial Emergency Declared

The record

Jurisdiction

West Virginia

Level

Court

Authority

W. Va. Const. art. VIII, sec. 3; W. Va. Code 2-2-2 (declaration of judicial emergency)

Issued

2020-03-22 Mar. 22, 2020

Effective

2020-03-23

End

Extended to May 1, 2020 (Amended Order, Apr. 3; Ex. WV-071) and May 15, 2020 (Second Amended Order, Apr. 22; Ex. WV-072); expired May 15, 2020 under the Resumption of Operations order (Ex. WV-073) (read as 2020-05-01)

In force

Mar. 23, 2020 to May 1, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public offices

Addressees

• all circuit, family and magistrate courts
• litigants, jurors, witnesses, attorneys

Functions reached

• CT courts (all non-emergency civil and criminal proceedings stayed)
• SV collections, evictions and foreclosure proceedings stayed
• CL real-estate litigation and quiet-title
• CRT

Collection

West Virginia WV

Operative words

a judicial emergency is declared for the day(s) of March 23, 2020, through April 10, 2020, in all fifty-five (55) counties in West Virginia. Pursuant to W. Va. Code 2-2-2(a), all proceedings and court deadlines, except the emergency proceedings described herein, directed to take place or any act required to be done on any day falling within this period of judicial emergency, are stayed. All jury trials are stayed during this period of judicial emergency. Deadlines set forth in court rules, statutes, ordinances, administrative rules, scheduling orders, or otherwise that are set to expire between March 23, 2020, and April 10, 2020, are hereby extended to April 11, 2020. Statutes of limitations and statutes of repose that would otherwise expire during the period between March 23, 2020, and April 10, 2020, are hereby extended to April 11, 2020.... It is further ORDERED that this ORDER supersedes any local administrative order issued by a judicial official.

Enforcement

Notes