WEST VIRGINIA CODE
WVC 51 - 2 A- 10
§51-2A-10. Motion for reconsideration of family court order.
(a) Any party may file a motion for reconsideration of a
temporary or final order of the family court for the following
reasons: (1) Mistake, inadvertence, surprise, excusable neglect or
unavoidable cause; (2) newly discovered evidence which by due
diligence could not have been available at the time the matter was
submitted to the court for decision; (3) fraud, misrepresentation
or other misconduct of an adverse party; (4) clerical or other
technical deficiencies contained in the order; or (5) any other
reason justifying relief from the operation of the order.
(b) A motion for reconsideration must be filed with the clerk
of the circuit court within a reasonable time and for reasons set
forth in subdivision (1), (2) or (3), subsection (a) of this
section, not more than one year after the order was entered and
served on the other party in accordance with rule 5 of the rules of
civil procedure. The family court must enter an order ruling on
the motion within thirty days of the date of the filing of the
motion.
Note: WV Code updated with legislation passed through the 2012 1st Special Session