§ RULE 81. Applicability in General

RULE 81. Applicability in General

(a) To What Proceedings Applicable.

(1) Review of Decisions of Magistrates and Administrative Agencies. When the appeal of a case has been granted or perfected, these rules apply, except that, in a case on appeal from a magistrate court, Rules 26 through 37 may not be used and no pleadings other than those used in the case in the magistrate court may be used except by order of the appellate court in the proceeding after the appeal has been granted or perfected. Likewise, these rules, where applicable, apply in a trial court of record when any testimony is taken before the court in the judicial review of an order or decision rendered by an administrative agency.

(2) Divorce, Annulment, Affirmation, and Separate Maintenance. These rules apply to actions for divorce, annulment, affirmation, and separate maintenance, except as to the following qualifications for actions of divorce, annulment, and affirmation: All pleadings shall be verified by the party in whose name they are filed; but the complaint shall not be taken for confessed, and whether the defendant answers or not, the case shall be tried and heard independently of the admissions of either party in the pleadings or otherwise; and costs may be awarded to either party as equity and justice require, and in all cases the court, in its discretion, may require payment of costs at any time, and may suspend or withhold any order or judgment until the costs are paid. A divorce or annulment action shall not be tried or heard prior to the expiration of the maximum period of time within which the defendant in such action is required to file an answer as provided in Rule 12. Unless specifically authorized by statute, no judgment of divorce, annulment or affirmance of marriage shall be granted on the uncorroborated testimony of the parties or either of them. Rules 26 through 37 may not be used in actions for divorce, annulment, affirmation of marriage and separate maintenance for the purpose of discovery except by order of the court in the action and only to the extent provided by the order.

(3) Proceedings for Sale of Forfeited and Delinquent Lands. These rules apply to proceedings to sell land purchased by the State for nonpayment of taxes and become irredeemable, or forfeited for nonentry, or escheated, or waste and unappropriated, title to which remains in the State, subject to the following qualifications: (1) Rules 13, 14, 18, 19, 20 and 23 do not apply; (2) Rule 4 does not apply except that the order of publication in such actions shall be modified to conform with the provisions of Rule 4(e)(2), and judgment by default may be rendered against any defendant in such action who shall fail to appear and defend by the date mentioned therefor in the order of publication; and (3) items, interests, parties and claims may be joined in such actions as authorized by W.Va. Code § 11A-4-1 even though such joinder would not be authorized by other provisions in these rules. Except as provided in this paragraph, W.Va. Code § 11A-4-12, repealed, shall apply in determining the manner in which process shall be served in such actions.

(4) Ex Parte Proceedings. Rules 5(b), 5(e) and 80 apply to ex parte proceedings. The other rules do not apply to such proceedings except by order of the court for cause shown in the proceeding and only to the extent provided by the order. Such proceedings include, but are not limited to, adoption; change of name; statutory summary procedure for the sale, lease, or encumbrance of property of persons under legal disability; or statutory summary procedure for the sale, lease, or other conveyance of property subject to future interests; or statutory summary procedure for the compromise and settlement of claims by a guardian or committee for personal injuries sustained by the guardian's or committee's ward.

(5) [Rescinded].

(6) [Rescinded].

(7) Juvenile Proceedings. Rules 5(b), 5(e) and 80 apply, but the other rules do not apply, to juvenile proceedings brought under the provisions of chapter 49 [§ 49-1-1 et seq.] of the West Virginia Code.

(8) [Rescinded].

(b) [Deleted].