(a) Assessment of court costs and fees when temporary financial exploitation protective order “denied.” If the petition is denied and the court finds that the petitioner, protected person, or incapacitated person is not a victim of financial exploitation as provided in W. Va. Code § 55-7J-1, court costs and fees shall be assessed by the magistrate against the person or department that filed the petition at the conclusion of the hearing and shall be paid to the magistrate clerk in accordance with West Virginia Code § 50-3-1, unless a fee waiver affidavit has been filed. Costs and fees may not be assessed against a prevailing party. If the denial of the petition is appealed, payment of costs shall be stayed until resolution of the appeal.
(b) Assessment of court costs and fees when petitioner fails to appear or present evidence. No court costs and fees shall be assessed against the petitioner for failure to appear or failure to present evidence at the final hearing in circuit court.
(c) Assessment of court costs and fees when petitioner moves to terminate financial exploitation protective order. No court costs or fees shall be assessed against a petitioner who moves to terminate a protective order, whether the court grants or denies the motion.
(d) Assessment of court costs and fees when financial exploitation protective order denied. If the circuit court denies a financial exploitation protective order after the presentation of all evidence and testimony of the petitioner and respondent and further finds that the petitioner is not a victim as provided in W. Va. Code § 55-7J-1, the person or department that filed the petition may be assessed the costs and fees provided in (e) and (f) herein unless a fee waiver affidavit has been filed.
(e) Assessment of court costs and fees when financial exploitation protective order “granted” by circuit court. Except as in subsection (a) of this rule, court costs and fees shall be assessed by the magistrate or circuit court at the conclusion of a proceeding, and shall be paid to the circuit clerk within ten (10) days by Respondent in accordance with West Virginia Code § 59-1-11 , unless a fee waiver affidavit has been filed. Court costs and fees may not be assessed against a prevailing party. The Department of Health and Human Resources and other state agencies may file a motion to waive court costs, or extend the pay period for costs and fees.
(f) Assessment of other costs and fees. The following fees shall be assessed by the Court when pleadings and orders have been served by a law enforcement agency and/or the circuit clerk. For service of process by law enforcement the sum of $25.00 as provided in W. Va. Code § 59-1-14. For service of process by the circuit clerk, by certified mail, restricted delivery, return receipt requested, the sum of $20.00 as provided in Rule 4(d)(1) of the Rules of Civil Procedure.
(g) Payment of court costs and fees. The court shall require a party to appear before the court or show proof of payment of any costs and fees ordered by the court within ten (10) days of the entered order, unless the party qualifies for a fee waiver after review by the court pursuant to Rule 6 of these rules.