W. Va. R. Prac. & P. Dom. Viol. 14

As amended through January 31, 2024
Rule 14 - Continuances
(a)Filing of motion for continuance. - A movant may file a motion for continuance with the circuit clerk, or with the court, at the convenience of the court.
(b)Requirements for a continuance. - A continuance may be granted upon a showing of good cause.
(c)Notice requirements. - A motion for continuance may be heard after such reasonable notice to the opposing party as required by the court.
(d)Continuance of a final hearing. - A final hearing may be continued on motion of the respondent at the convenience of the court. A final hearing continued for failure to obtain personal service by law enforcement shall be rescheduled no more than thirty (30) days form the scheduled hearing date, if the court orders the circuit clerk to attempt service by certified mail return receipt requested and or publication. Otherwise, a continuance of a final hearing by the court shall be rescheduled no more than seven days from the scheduled hearing date. If a hearing is continued, the court may modify the emergency protective order as it deems necessary.
(e)Continuance of final hearing when personal service unsuccessful. - If a hearing is continued by the court for lack of personal service by law enforcement and the court finds that a second attempt of personal service by law enforcement will not be successful, the court shall instruct the circuit clerk to serve the pleading and order by certified mail, restricted delivery, return receipt requested, to the last known address of respondent and may in the court's discretion require the circuit clerk to serve the respondent by publication in accordance with W. Va. Code § 48-27-311 simultaneously.

W. Va. R. Prac. & P. Dom. Viol. 14