W.Va. Trial. Ct. R. 21.04

As amended through January 31, 2024
Rule 21.04 - Definitions

For purposes of this Rule, the following definitions shall apply:

(a) "Indigent person" means any person who qualifies for a waiver of fees pursuant to the provisions of W. Va. Code § 59-2-1.
(b) "Infant" means any person under the age of eighteen (18) years.
(c) "Incarcerated person" means any any person who is being held against the person's will in any facility operated under the authority of any governmental authority in the United States.
(d) "Incompetent person" means any person who is admitted to a mental health facility or has been found by the court to be incompetent.
(e) "Nondiscretionary appointment" means when substantial allegations of domestic abuse have been made, when serious allegations of abuse and neglect have been made, when there are serious issues relating to the child's health or safety, or in cases involving disproving a child's paternity.

W.Va. Trial. Ct. R. 21.04

Amended effective 12/31/2011; amended effective 4/25/2017.