The Law Mind

Southern District of West Virginia

S.D.W. Va. — local rules, ECF filing procedures, and judges’ standing orders, readable in full.

Civil Rules (58)
16.4 Authority Regarding Settlement, Stipulations and Admissions at
16.5 Sanctions
16.6 Mediation
16.6.1 Timing of Mediation
16.6.2 Selection of Mediator; Notice of Nomination
16.6.3 Appointment of Mediator
16.6.4 Attendance at Mediation
16.6.5 Mediation Statements; Confidentiality
16.6.6 Impartiality of Mediator
16.6.7 Compensation of Mediator
16.6.8 Notification to Judicial Officer; Report of Mediator
16.7 Final Pretrial and Settlement Conferences; Pretrial Order
26.1 Control of Discovery
26.2 Uniform Definitions in Discovery Requests
26.3 Court Filings and Costs
26.4 Clawback Orders, Protective Orders, and Sealed Documents
26.5 Discovery of Electronically Stored Information
33.1 Interrogatories
34.1 Document Production
36.1 Admissions
37.1 Discovery Disputes
41.1 Dismissal of Actions
43.1 Addressing the Court; Examination of Witnesses
47.1 Trial Juries
48.1 Contact with Jurors
51.1 Cases to be Tried by Jury; Proposed Jury Instructions
52.1 Cases to be Tried by the Court; Proposed Findings of Fact and
54.1 Fees and Costs
58.1 Entry of Judgments and Orders
65.1.1 Approval of Bonds
67.1 Deposits Pursuant to FR Civ P 67
67.2 Withdrawal of Money from the Court Registry
71.1 Land Condemnation Actions; Manner of Filing, Docketing, Recording,
72.1 Authority of Magistrate Judges
72.2 Effect of Magistrate Judge Ruling Pending Objection
73.1 Special Designation of Magistrate Judges
77.1 Principal Offices
77.2 Divisions
77.3 Sessions
77.4 Court Library
78.1 Hearing on Motions
79.1 Custody and Disposition of Exhibits
79.2 Removal of Papers from Custody of Clerk
83.1 Admission of Attorneys
83.2 Legal Assistance by Law Students
83.3 Representation of Parties
83.4 Withdrawal and/or Termination of Representation
83.5 Pro se Appearances
83.6 Admission of Visiting Attorneys
83.7 Codes of Professional Conduct
83.8 Bias and Prejudice
83.9 Opening Statements and Closing Arguments to Jury
83.10 Photography in and Broadcasting from the Courtroom
83.11 Impoundment of Photography and Broadcasting Equipment
83.12 Scheduling Conflicts
83.13 Referral of Cases to Bankruptcy Court
83.14 Appeal of a Bankruptcy Court Judgment, Order, or Decree to the
83.15 Courthouse Security
Criminal Rules (45)
5.1 Initial Appearance
7.1 Assignment of Cases
7.2 Reassignment, Referral and Intra-District Transfer of Cases
10.1 Arraignment and Plea
12.1 Pretrial Motions
16.1 Arraignment and Standard Discovery Requests
18.1 Principal Offices
18.2 Divisions
23.1 Opening Statements in Criminal Trials
24.1 Confidentiality of Juror Information
26.1 Addressing the Court; Examination of Witnesses
30.1 Jury Instructions
31.1 Contact with Jurors
32.1 Presentence Interview
32.1.1 Modification or Revocation of Probation or Supervised Release
32.2 Disclosure of Presentence Reports, Statement of Reasons and Probation
32.3 Standard Conditions of Probation and Supervised Release in all
32.4 Standard and Optional Conditions of Probation and Supervised Release
44.1 Admission of Attorneys
44.2 Legal Assistance by Law Students
44.3 Representation of Parties
44.4 Withdrawal and/or Termination of Representation
44.5 Pro se Appearances
44.6 Admission of Visiting Attorneys
44.7 Code of Professional Conduct
44.8 Bias and Prejudice
46.1 Release from Custody
49.1 Filing Papers
49.1.1 Privacy Protection for Filings Made with the Court
49.2 Filing by Facsimile or Electronic Means
53.1 Photography in and Broadcasting from Courtroom
53.2 Impoundment of Photography and Broadcasting Equipment
55.1 Custody and Disposition of Exhibits
55.2 Removal of Papers from Custody of Clerk
56.1 Sessions
57.1 Courthouse Security
58.1 Authority of Magistrate Judges in Misdemeanor Cases
58.2 Assignment of Misdemeanors and Petty Offenses
58.3 Petty Offenses
59.1 General Authority of Magistrate Judges
59.2 Statutory Duties
59.3 Duties Under the Federal Rules of Criminal Procedure
59.4 Miscellaneous Duties
59.5 Assignment of Matters to Magistrate Judges by Division
59.6 Other Duties Assigned and Matters Referred
Electronic Filing (ECF) Procedures
Electronic Case Filing Procedures
Standing Orders & Judge Procedures (65)
Court-wide (65)
Administrative Order Re: Criminal Cases Assigned to Judge Irene C. Berger from Divisions Other Than Beckley
Amended Order Of Appreciation And Holiday Administrative Leave
Assignment and Referral to Magistrate Judges of Civil Actions Assigned to Judge Irene C. Berger
Authorization To Carry Firearms In District Facilities In Which Court Proceedings Are Held
Continuation Of Operations Of The United States District Court For The Southern District Of West Virginia In The Absence Of An Appropriation Or Continuing Resolution Enacted By The
Court Operations Under The Exigent Circumstances Created By The Covid-19 Pandemic
Eighth Extension of General Order #4 Videoconferencing in Criminal Proceedings
Eleventh Extension of General Order #4 Videoconferencing in Criminal Proceedings
Entry Into Courthouses Of The Southern District Of West Virginia In Light Of The Covid-19 Pandemic
Exemption Order For Cases Assigned To The Hon. Joseph R. Goodwin
Extension of General Order #4 Videoconferencing in Criminal Proceedings
Fifth Extension of General Order #4 Videoconferencing in Criminal Proceedings
First Step Act of 2018 (December 21, 2018) Application of Fair Sentencing Act of 2010
Fourth Extension of General Order #4 Videoconferencing in Criminal Proceedings
General Order Addressing Judicial Conference Privacy Policy Regarding Public Access to Electronic Case Files
General Order allowing petit and grand jury meetings to resume on July 1; courthouses open to the general public with entry restrictions
General Order and Plan for the Administration and Operation of the District and Bankruptcy Court Visiting Attorney Fee/Non-Appropriated Funds
General Order Appointment of the Bench and Bar Visiting Attorney Fee/Non-Appropriated Funds Committee
General Order continuing jury matters until further notice
General Order continuing jury matters until further notice
General Order extending limitations on jury matters and in-person court appearances through May 31, 2020
General Order for Handling Highly Sensitive Documents
General Order Holding Civil Matters in Abeyance
General Order IN RE: COURT OPERATIONS IN LIGHT OF THE EXIGENT CIRCUMSTANCES PRESENTED BY THE COVID-19 PANDEMIC
General Order Re: Appointment of District Bench and Bar Visiting Attorney Fee/Non-Appropriated Funds Committee
General Order Re: Appointment of District Bench and Bar Visiting Attorney Fee/Non-Appropriated Funds Committee
General Order Re: Refund of Fees
General Order Regarding Deposit and Investment of Registry Funds
General Order Regarding Petty Offense Matters
General Order requiring face coverings or masks in all courthouses regardless of vaccination status
General Order requiring face coverings or masks in courthouses in the Southern District of West Virginia
General Order revising mask requirement: jurors and unvaccinated individuals must wear masks in courthouses in the District
General Order suspending the requirement that masks be worn in all common areas of the courthouses in the District
General Order that all civil and criminal petit jury selections and trials scheduled to commence now through June 30, 2020 are CONTINUED
In Re: Appointment Of Local Rules Advisory Committees
In Re: Appointment Of The Bench And Bar Visiting Attorney Fee Non-Appropriated Funds Committee
In Re: President James Earl Carter, Jr. National Day of Mourning
In Re: Standards and Procedures for the Appoinment of a Full-Time Magistrate Judge at Huntington
Ninth Extension of General Order #4 Videoconferencing in Criminal Proceedings
Order Establishing Procedures for Notice and Promulgation of Local Rules to Govern Practice before the United States Bankruptcy Court for the Southern District of West Virginia
Order In Re: Amendment to the Local Rules Due to the Closure of Courthouse Facilities at the Parkersburg Division
Order Of Appreciation And Holiday Administrative Leave
Order of Commemoration and Administrative Leave
Re: Standing Order Adopting Procedures for Petitions Seeking Retroactive Application of the 2023 Criminal History Amendments
Revised General Order For Handling Highly Sensitive Documents
Second Extension of General Order #4 Videoconferencing in Criminal Proceedings
Seventh Extension of General Order #4 Videoconferencing in Criminal Proceedings
Sixth Extension of General Order #4 Videoconferencing in Criminal Proceedings
Standing Conditional Referral Order for Guilty Plea Proceedings
Standing Order for Adoption of Standard Procedures for Petitions Seeking Retroactive Application of the 2007 Crack Cocaine Guideline Reductions
Standing Order For Adoption of Standard Procedures for Petitions Seeking Retroactive Application of the 2011 Crack Cocaine Guideline Reductions
Standing Order For Disclosure Of Presentence Investigation Reports To Determine Retroactive Application Of Johnson v. United States, 135 S.Ct. 2551 (2015)
Standing Order In Re: Assignment and Referral of Civil Actions and Matters to Magistrate Judges
Standing Order Re: Assignment and Referral of Civil Actions and Matters to Magistrate Judges
Standing Order Re: Criminal Justice Act Program - Presumptive Investigator Rate
Standing Order Re: Criminal Justice Act Program - Regarding Case Budgeting
Standing Order Re: Criminal Justice Act Program - Regarding Investigators
Standing Order re: Privacy in Social Security Opinions
Standing Order Re: Provision of Meals for Deliberating Juries
Standing Order Re: Reference Of Certain Petitions Filed Under Johnson v. United States, 135 S.Ct. 2551 (2015) To Magistrate Judge Dwane L. Tinsley
Standing Order Re: Wireless Communication Devices
Standing Order Regarding Interim CJA Vouchers
Third Extension of General Order #4 Videoconferencing in Criminal Cases
Videoconferencing For Criminal Proceedings Under The Cares Act In Light Of The National Emergency Created By The COVID-19 Pandemic (Extended for 90 days)
Withdrawal Of Reference And Assignment Of All Proceedings Arising Under Title 11, Or Arising In Or Related To Cases Under Title 11
Tip: everything on this page is also retrievable in Search (“S.D.W. Va. LR 7.1”) and cited by Ask.