W.Va. Trial. Ct. R. 29.08

As amended through January 31, 2024
Rule 29.08 - Powers and Duties of Presiding and Resolution Judges
(a) The Presiding Judge is authorized to preside in any circuit in which Business Litigation or proceedings therein are pending, or in which Business Litigation or proceedings therein are transferred for purposes consistent with the Division's case management and trial methodologies.
(b) With the advice and consent of the Division, the Presiding Judge is authorized to consolidate and/or transfer Business Litigation or proceedings therein from one circuit to one or more other circuits to facilitate the Division's case management and trial methodologies and to order the transfer of court files to the appropriate circuit.
(c) Within thirty (30) days of being assigned, the Presiding Judge shall conduct a case management and scheduling conference.
(d) Within fifteen (15) days of the case management conference, the Presiding Judge shall issue a case management order that includes any deadlines or procedures deemed appropriate to fairly and efficiently manage and resolve the Business Litigation.
(e) The Presiding Judge may schedule conferences, motions, mediation, pretrial hearings, and trials in any circuit court courtroom within the Assignment Region, with due consideration for the convenience of the parties.
(f) The Presiding Judge shall have the sole authority to supervise the jury selection process, to disqualify a prospective juror from jury service, and to excuse jurors from juror service in Business Litigation to which the Presiding Judge has been assigned, all pursuant to W.Va. Code § 52-1-1 et seq.
(g) The Business Litigation should proceed to final judgment in an expedited manner. The time standards for general civil cases set forth in Trial Court Rule 16.05 shall apply; provided, however, that the Presiding Judge shall make all reasonable efforts to conclude Business Litigation within ten (10) months from the date the case management order was entered. All other time standards for service of notices and entry of order set forth in the West Virginia Rules of Civil Procedure shall apply unless modified by order entered by the Presiding Judge.
(h) The Resolution Judge is authorized to schedule and conduct mediation of the case or any Alternative Dispute Resolution as agreed to by the parties and the Resolution Judge in an attempt to resolve the case in an expedient and efficient manner.

W.Va. Trial. Ct. R. 29.08

Amended effective 7/1/2014.