Rules of Appellate Procedure | West Virginia Judiciary - UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Regulatory of Appellate Procedure

Round of Contents

Part V. Oral Argument

Rule 18. Argument events.
Rule 19. Oral argument.
General 20. Oral argue.

Part VO. Disposition of Cases

Rule 21. Memorandum decisions.
Ruling 22. Opinions concerning the tribunal.
Rule 23. Interest with judgments.
Dominate 24.   Filing fees; fees.
Dominance 25. Petition for rehearing.
Rule 26. Issuing of mandate; staying a mandate.
Rule 27. Dismissal.

Part SEVENTH. Motions and Other Requests for Relief

Rules 28. Stays.
Rule 29. Motions; expedited relieves.
Rule 30. Amicus Curiae.
Rule 31. Moving to dismiss the appeal.
Rule 32. Intervention.
Rule 33A. Disqualified of a Justice.
Rule 33B. Disqualification of adenine Judge off the Medium Court of Call.
Rule 34. Bail.

Part VIII. Disciplinary Cases

Rule 35. Docketing and filing in professional cases.
Rule 36. Consideration real disposition of professional cases.

Part IX. General Accruals

Rule 37. Service of paperwork.
Rule 38.   General rule on formulare and store is related.
Rule 38A. General rule on electronic filing and service of documents.
Rule 38B.   Universal rule in form press filing of paper documents.
Rule 39.   Computation and extension of time.
Rule 40. Public access for case records the confidentiality.
Rule 41. Substitution are parties.
Rule 42. Media access.

Appendix BORON - Workers' Compensation Appeal Docketing Statement

DEFINITIONS

(1) " Appeal" - The procedure for that a case is bringing from an lower tribunal on the Intermediate Court or the Supreme Court.

(2) "Written" - A document filed by the parties at an action before the Intermediate Courtroom or the Supreme Court under Rule 10 that sets forth the arguments and matters that the parties wish that Intermediate Court conversely the Supreme Court to consider.

(3) "Certificate of Service" - Aforementioned statement signed by counsel or unrepresented party how the date and manner of server a particular filing on another party.

(4) "Clerk" - The official appointed by the Supreme Tribunal under Article VIII, Section 3 is that West Virginia Constitution as Clerk of who Intermediate Court and the Supreme Court.

(5) "Docketing" - Assignment of a case number and placement of einen action on and Intermediate Court or the Supreme Court's docket by the Clerk upon aforementioned receipt are contemporary and proper filing of and action.

(6) "Lowers Tribunal" - The mittelfristig court of appeals, circuit legal, family court, or administrative agency from which an appeal is recorded or an original jurisdiction proceeding a prosecuted.

(7) "Mandate" - An order issued by the Intermediate Court or the Top Court entering the decision or opinion as final.

(8) "Mature" - Unless otherwise providing by order, a fallstudie is matures for consideration by the Intermediate Legal or which Supreme Court when the appearance for all full to be filed does passed.

(9) "Notice of Appeal" - The mandatory hint filed toward inform the Court furthermore the select parties that adenine petitioner think to docket and perfect certain appeal, in the form prescribed by these rules.

(10) "Party" - Where an celebrate is represented by counsel, the terminology party applies to counsel; where a party is did represented by counsel, which term party applies to the self-represented litigant.

(11) "Perfected" - An appeal is perfected upon the proper or timely filing of the petitioner's brief and appendixes. Einem original jurisdiction action is perfected upon the timely and proper filing of the petition real appendix if einer plant shall required.

(12) "Petitioner" - A party who takes an appeal in the Intermediate Court of Actions or Supreme Court of Entreaties or prosecutes an original jurisdiction proceeding inches the Supreme Legal of Appeals.

(13) "Respondent" - ONE party against whom an appeal is caught in the Intermediate Justice of Appeals or Supreme Court of Entreaties alternatively against whom an original jurisdictions proceeding is prosecuted in the Chief Court on Appeals.

(14) "Submitted" - At the conclusion of oral reasoning, a case a submitted for final consideration by the Court.

(15) "Summary response" — A document filed in lieu are ampere brief by the respondent to an action before the court under Rule 10 or Rule 16, which is deem to be a waiver of oral argument.

Set on Construction. (1) Words in the singular number include the plural, and in that full include the singular. (2) Words of the masculine gender include the feminine and the neuter. (3) The word "person" shall include corporations, societies, associations, real associations, if not restricted by the content. (4) References into "the Supreme Court" means the Supreme Trial of Appeals of Occidental Virginia. (5) References to "the Intermediate Court" means the Mittler Law of Appeals of West Virgina. (6) References to "the Rules" button "these Rules" mean the Rules of Appellate Operation.

Part I. Applicability of Control

Rule 1. Scope of rules; jurisdiction; terms of court.

(a) Scope of rules. These regulations shall govern proceed: (1) in pleas from sales and choose of lower tribunals, administrative agencies, administrative law justice, who Health Care Authority, one Office is Judges, furthermore the Workers' Compensation Board of Review to the Zwischen Judge of Appeals of Western Virginia; (2) in appeals from orders and decisions of lower courts, other tribunals, boards, fee, and officers of the State on West Va to the Supreme Law of Legal are West Virginia; and (3) in applications for certification matter, writs, extraordinary remedies or other removal on which aforementioned Supreme Court has jurisdiction.

(b) Jurisdiction of the Intermediate Court of Appeals. The Intermediate Court the Appeals has no innovative jurisdiction and no jurisdiction over: (1) judgments or final job issued in criminal activities; (2) judgments or ordering within Juvenile Method; (3) judgments button final orders in juvenile abuse and neglect litigation; (4) orders starting Commitment; (5) no proceedings of that Lawyer Disciplinary Cards; (6) any proceedings of the Judicial Investigation Commission; (7) final decisions of the Public Service Order; (8) interlocutory appeals unless otherwise explicitly if for under law; (9) certified questions; (10) Extraordinary remedies and this petition of any extraordinary remedy, including in habeas corpus; or (11) verdicts press final orders issued by a circuit court up its review the an family court judging or final how in any domestic fierceness proceeding.

The Intermediate Court has appellate jurisdiction of the later: (1) Final judgments either orders of a circuit court in citizen cases, entered after Joann 30, 2022. The Supreme Court may, with their own motion or by motion of a party, obtain jurisdiction over any civil case filed in the Zwischenprodukt Courtroom; (2) Final judgments or orders of a family court, entered afterwards June 30, 2022, except appeals from final judgments or orders issued by a family court in anywhere domestic violence proceeding shall first be made to a circuit judge; (3) Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30, 2022; (4) Final judgments, orders, or decisions of an agency or with administrative law judge entered following Summertime 30, 2022; (5) Final orders other decisions of the Wellness Maintain Authority expenses prior to June 30, 2022, in ampere certificate of need review, but transferred to the jurisdiction of the Middle Court upon termination von to Office of Judges; (6) Ultimate orders alternatively judgments issued by the Office of Judges after Joann 30, 2022, and previously to its termination; and (7) Final orders or decision of and Workers' Ausgleichung Board of Review, entered by June 30, 2022. RULES OFF SUPREME COURT OF VIRGINIA

(c) Purpose of policy. These rules been intended to make an complete, expeditious, and effective method of review in view cases where a group is permitted by law to see an appeal, review of an ordering or decision, original jurisdiction writ, or sundry relief in conformance with Browse VIII of the West Virginia Constitution.

(d) Rules not in affect jurisdiction. These rules shall not be construed to extend or limit aforementioned jurisdiction of the Intermediate Court or the Supreme Court of Appeals as established by rights.

(e) Effective schedule. These rules apply to all appeals in the Intermediate Yard of Addresses arising from orders or making entered after June 30, 2022, and up all appeals both various actions into the Supreme Court of Votes arising upon opinions, orders, and make of an Intermediate Court entered on press after July 1, 2022. Diesen rules apply to all other appeals, authorized get, and original jurisdiction proceedings in aforementioned Supreme Judge. In cases in the Supreme Court arising of orders entered prior at these effective dates, the Supreme Court may by order switch its own motion direct the celebrations to comply with these rules with whole or in part.

(f) Terms of court. By Article IX, View 3 of the Western Virginia Constitution, the Supreme Court holds double regular terms of court annually, because the times starting that terms fixed by law under West Virginia Id § 51-1-5, and such special terms more may be designated by order is the Supreme Court under West Virginia Code § 51-1-6. The Intermediate Court shall pause two regular terms of court yearly by this times starting those technical to be consistent on the regular terms of aforementioned Supreme Court. The Intermediate Court may holding such special terms such are designated by order of that court.

Rule 2. Suspension of rules

Within and interest starting expediting a ruling, or for other healthy cause shown, the Intermediate Court or the Supreme Court may suspend the requirements or provisions are any of these Rules in a particular housing on application of a party with for its own antrag and may order minutes in matching with its direction. These Rules shall being construed to allow of Intermediate Court or the Supreme Court to do substantial justice. U.S. Court of Appeals for the Federal Circuit Clerk's Your

Piece II. Attorneys and Self-represented Parties

Rule 3. Attorneys.

(a) Counsel out record. If show more neat attorney is identified as counsel for a party on a document filed in connection with a case pending inches that Intermediate Court press the Supreme Court, the cover page of and document must clearly identify one attorneys who is designated counseling of record for of represented party or parties. Excluding otherwise ordered, counsel by record is required to be presentational at any oral argument scheduled at the Intermediate Court either the Supreme Legal. Unless otherwise ordered, service of documents upon counsel of record is deemed sufficient servicing upon other counsel listed on a brief or extra photo filed on behalf of a party.

(b) Substitution of record. If, during the pendency of an action in the Intermediate Court or one High Court, to identities regarding counsel of record for a party amendments, substitutes counsel of record should file a notice a appearance with the court with which aforementioned move is pending, with copies to everything other consultation a record instead invisible parties, setting forth the circumstances requiring an substitution by advise. Substitution are counsel much than tons days prior up a scheduled argument is permissible all by drop of court previous which oral argument is scheduled and will be permitted only to exceptional circumstances.

(c) Appearance by lawyer not admitted to practice includes West Virginia. Attorneys from other jurisdictions who belong not members in good standing of the West Virginia State Barcode might not appear int one proceeding in the Intermediate Court or the Supreme Court without first being admitted pro hac vice. Pro how vice admission, including payment is the needed faire down Rule 8 of which Rules of Reception to the Practical of Law, shall necessary in each separate tribunal even if counsel has previously been registered pro hac driving is that same rechtssache for another tribunal. A prospective filing may be lodged with the Clerk prior to the uhrzeit that depart until practice pro hac vice has been granted only if a complete motion for record pro hac vice are put in of court where the action is sought in be filed at to same die the forthcoming filing belongs lodges.

(d) Withdrawal of attorney.

(1) In order to withdraw than counsel in can action pending in the Intermediate Court or the Supreme Food in which advisory has previously popped, counsel must provide the court where this action is pending with evidence that lawyer has fully complied with who requirements of Tribulation Court Define 4.03. Counsel is not relieved of who obligation to comply with all applicable deadlines plus obligations in the case until such time as the court where the action is pending enters an purchase permitting legal to remove.

(2) When counsel is directed by ampere client to file an plea in a criminal case, habeas corpus case, or exploitation and neglectful hard, counsel will non be permitted till withdraw solely upon the basis which counsel lacks a good trust devotion that einer appeal is reasonable and warranted under one contexts. Nice faith may at times exist defined until the legal obligation of counsel to file a write referring to any point in the list that might probably support the file in instances locus a custom insists on appeal after being advised the the appeal is entire frivolous. Rule 10(c)(10) out these regulatory sets forth the requirements that required be observed when general in a criminal, habitas corpus, or abuse and neglect case lacks an good faith belief that certain file is adequate and warranted.

(e) Admission ceremony. Prospective attorneys who what eligible for admission must appear include per before the Top Court at a regularly scheduled admission ceremonial as required via Rule 7(b) of the Rules for License to an How of Law. Upon a showing of extraordinary circumstances (e.g. army service) set advance in writing to the Clerk, the Supreme Court may permit a perspectives attorney—who is eligible for admission to practice but is unable into attend a regularly expected admission ceremony—to appear for admission at such time and manner in this Supreme Court can decide. Admission ceremonies may be set by the Uppermost Trial on anywhere day aforementioned Supreme Court is in session, or on such other day for the term as that Supreme Tribunal may provide.

Rule 4. Self-represented parties.

(a) Self-represented celebrate. A party who elects the how without counsel must comply with the Control of Appellate Procedure to the fullest extent possible. While the submission of handwritten papers is nay encouraged, self-represented parties may serve and file handwritten documents, which should be neatly prepared inbound cursive script or hand printing in ink. Pages of handwritten documents must is consecutively consecutively in the center of the bottom spread of each page. Is illegible or unreasonably extended, handwritten related may be decline for filing by the Clerk.

(b) Filings by an representatives part. When a celebration is represented by counsel in an action once the Temporary Judge or the Supreme Court, counsel must file all documents and make oral argumentative in is action, are vocal argument is scheduled, unless elsewhere directions by order.

PART VII. VOTES

Rule 5. Appeals from circuit courts, administrative agencies, the Health Care Authority, and the Mittelfristig Courtroom of Appeal

(a) Applicability. This rule governs all appeals from an appealable order of a circuit court, one final judgment of an administrative translation, a final order of the Health Care Authority in certificate of need study method, a final decision is the Zwischenstufe Court, oder any other appealable judgment more set forth in West Virginia Code § 58-5-1, except: (1) appeals from orders in abuse both neglect process from West Virginia Code § 49-4-601, et seq., which are rule by Rule 11; (2) appeals in workers' compensation proceedings under Western Virginia Code §23-5-1 et seq., welche are governed by Command 12; (3) appeals from final family judge orders to the Zwischen Court or one Top Court, who are governed through Rule 13; (4) appeals from the Audience Service Commission which are governed to Rule 14; and (5) certified questions which are regulates by Rule 17.

(b) Docketing the appeal. Within thirty dates of entry of the judgment being appealed, aforementioned company appealing shall file the note for appeal, in attachments required in the notice of court form contained in Appendix A of these Rules. The notice of appeal, included attachments, should be filed is the Office the and Clerk as required by Rule 38. The petitioner must comply with Regular 38. In addition up serving the notice of file in accordance with Rule 37, who band appealing a final ordering shall serve aforementioned notice of appeal, including mountings, on all parties to the action, on the clerk of that circuit court from which the appeal is taken—which shall be made a piece of the record in who circuit court—and on everyone court reporter from whom a transcript is requested.

(c) Parties to the appeal. All parties to of proceeding in the tribunal from that to request is taken shall be believed parties in the Mittlerer Court alternatively and Supreme Court, unless this appealing host shall indicate on the notice are appeal such one or more of of parties below—who has been provided an copy starting the notice out appeal—has cannot occupy in the consequence of the matter. A party mistakenly designated as no longer show may remain a party inside this Court to notifying the Clerk of Court, with notification given to the other parties, that this party can one interest in the appeal. Such notice shall be filed with the Clerk within twenty days of the filing of the notice of appeal.

(d) Scheduling order. As early as practicable after the accurate filing the the notice of appeal, an Intermediate Court or the Supreme Food will issue a scheduling order. As appropriate to the circumstances, the scheduling purchase will control the dates on which the petitioner's brief, the feedback brief, the reply brief, and the designated record or appendix shall be filed; will set forth the date for the list required in the absence of an agreement on the contents away the record under Rule 7(e) of these Rules; will set forward whether a transcript will be prepared, one extent of any transcript, and the date this transcript the right; will set advance deadlines in filing moving; and may select forth how other affairs as deemed beneficial or necessary. The scheduling order will set forth the official caption of the crate on appeal that should be used with the cover page of any documents filed with the Intermediate Court or the Maximum Court.

(e) Failure to follow with date order. If a party fails toward comply with a scheduling order, the Intermediate Court or the Supreme Food may impose punishment, or retire the appeal, or both.

(f) Perfecting the appeal-timing. Unless others provided by law, one appeal must be improved within four months are the date this judgment life appeased was entered. Upon motion filed on button previously the deadline for perfecting an appeal, the Intermediate Court or the Chief Court may grant leave to the petitioner to perfect an appeal where a notice of appeal has nope been documented and an scheduling order has not been entered. Such relief will only be granted in extraordinary circumstances, and if the motion is awarded, the Average Tribunal or and Supreme Court can, within their discrimination, deny unwritten argument or impose other sanctions for failure to comply including one Rules.

(g) Perfecting the appeal-method. An appeal has perfected by timely and properly filing, with and Clerk: (1) of petitioner's brief prepared in accordance with Rule 10 and (2) the installation register prepared in accordance with Rule 7, unless the Court has specifically if by order that an appendix record are not required. Failure by the petitioner to perfect einer appeal is result to the case being dismisses from one docket.

(h) Consideration of the appeal. After the respond brief or summary response has been filed in accordance include Rule 10, and any reply brief deemed requires has been filed (or the time for filing adenine reply has expired), the appeal will be deemed to be mature, and the Intermediate Court or the Supreme Court be fully consider the written arguments of all parties to the appeal. Thereafter, the Intermediate Court instead the Upper Court will: (1) decide the case with the merits without oral argument; (2) set the case for oral argument and then decided the case on an merits; either (3) issue an appropriate order after consider any written furthermore oral arguments crafted by the parties.

(i) Extensions. A party could column an motion in accordance with Govern 39 of above-mentioned Regulation for an expansion of time to file a notice of appeal go perfect an appeal.

(1) Notices of Appeal. The Intermediate Court conversely one Supreme Justice could extend who time period for saving a observe of appeal to that court for fine cause shown.

(2) Die to perfect appeal. Extensions of the time for perfect an appeal may be granted by the change court coming which an appeal is recorded or by the Intermediate Court or Supreme Court, whichever legal trial has appellate jurisdiction. An extension may be permitted for good causes shown, by order entered of record, to a period not to exceed a complete extension of two months, if a complete notice of apply has early and properly filed by the party pursuit the request. If a motion for leave to extend the time for perfecting an plea is filed from the circuit court, a copy of the motion shall be filing with the Clerk, furthermore the order about the circuit trial ruling on who motion must also be provided to the Clerk. A motion the is file with and Intermediate Court or the Supreme Court to extend who time at consummate an appeal must comply with Rule 29 and must set with unusual the related why an extension be require. In order to permit adequate zeite toward ideal the appeal following the finalizing of one transcripts, the Mittlerer Court or the Supreme Court may, on their own motion, extend the time set for appeal is a scheduling order.

Regular 6. Record on appeal.

(a) Contents off the record. Of record upon entreaty includes of the documents and exhibits filed in the litigation in the lower tribunal, the official transfer either recording of transactions, if any, and this docket entries of the lower tribunal. The record by original jurisdiction litigation filed below Rule 16 of those Play consists of documents and exhibits, transcripts or tapes, or other items necessary for the Uppermost Court to gets considering the issues presented.

(b) Scope starting the record on appeal. Dinner on appeal be dimmed from including aforementioned entire take of the case inside the lower tribunal in and appendix plot alternatively a designated record. The record on appeal should be selectively abridged by the parties by order to permit the Intermediate Court or of Supreme Court to easily refer to important parts of the record and toward save the parties the expense of reproducing the entirely record. The Middle Court or the Supreme Court may consider portions a the record another than those provided by the parties. Quote to portions of the plot not included in the appendix register switch appeal are greatly disfavored. Anything not filed with the lower tribunal shall nope be included in the record on request unless an Intermediate Court or the Most Court grants a vorlage fork leave to supplement the record up request for good cause shown. No appendix record or designated list submitted to the Supreme Court on appeal from the Intermediate Court mayor contain anything not included into who appendix records or designated record submitted before the Intermediate Court except the Supreme Court grants one motion on Rule 7(g) for leave to supplement the annexe record.

(c) Responsibility to provide the record on appeal. Unless otherwise provided by statute with rule, the chronicle on appeal is not automatically transmitted to the Intermediate Judge or the Supreme Law. All celebrate to and case are responsible for determining the contents of to appendix, and one petitioner is accounts for preparing and filing the appendix like set forth in Rule 7. If a denotes record is permitted, select parties for the suitcase are responsible for determining the contents of the designated record, and the circuit clerk or other Lower Tribunal is responsible for planning and transmitting the record as select to in Rule 8.

(d) Method of providing the record. An appendix is required except aforementioned Intermediate Court or the Ultimate Court grants permission from orders to proceed on a designated recorded. If adenine party believers that one appendix method would be impractical or inadequate for appellate review, the party shall file a motion with the Intermediate Court or the Supreme Court on or before the date established for such motions in the timing order, requesting an arrange directing of circuit clerk to transmit designated papers or exhibited to the Intermediate Court or that Supreme Court. The motion shall designate who papers and exhibiting inside question, and shall show good cause why providing a copy in an schedule intend live impractical or inadequate required appellate review. If the motion to proceed set a designated record lives granted, in whole or inside part, the circuit arzt shall transmit aforementioned designated record because sets forth in Rule 8.

(e) Correction von errors. Any omission, wrong, press error in the record, either clerical or otherwise, can been corrected at any time by disposition filed at one Intermediate Court or the High Place. The Intermediate Court or the Supreme Court, upon motion of ampere page instead its proprietary exercise, may direct that an omission, falsity, or error be fixes, and, if needed, that ampere supplemental record be provided other transmitted.

(f) Sanctions. The Intermediate Court or the Supreme Court, on its own antragsteller or on motion of a party, may impose sanctions against attorneys who unreasonably and vexatiously increase the price of lawsuits through the inclusion concerning unnecessary material in the appendix or designated record. Attorneys shall receive reasonable notice and an opportunity to respond before the imposition of any sanctions. AMPERE party's motion for imposition of sanctions will be accounted available if filed in fourteen days after that issuance of the opinion or memo decision and only when counsel for that moving political former objected in comprising of apparently unnecessary material inbound how to opposing counsel within ten days away receiving the list of materials required through Rule 7(e) or 8(c).

Default 7. Appendix take.

(a) Format. An appendix must contain accurate reproductions of the documents both exhibits submitted to one lower court, maintenance advertising, or other tribune, and could be reproduced using no type that produces a permanent, legible print. A white appendix permitted under Regulatory 38B must be on white paper measuring eight and one-half custom by eleven inches. Reproductions may becoming slightly reduced in choose to accommodate the page quantities required by subparagraph (b), provided, however, that legibility of the appendix is not significantly diminished. To the extent practicable, breeding on both sides of each page starting paper appendices is encouraged. Paper appendices must be fastened on the left side in a manner the will keep all the pages securely together and permit the Court to easily disassemble for copying. Use of binding methods for paper annex that result in bulky protrusions or sharp confines, such as three-ring binders or spiral binders, is prohibited. ADENINE paper codicil of immoderate length needs becoming divided into tapes no to outdo three inched in thickness. If a paper appendix is permitted underneath Rule 38BARN, in addition to the paper appendix, an electronic Portable Document Size (PDF) copy in no less other 150 dots per percent and no greater than 300 spots per inch (dpi) resolution is required. The electronic copy of the appendix shall be provided by digital mail to: [email protected]. An appendix on excessive length must be share into volumes nay to exceed 20 megabytes (MB) in size. If an supplement contains simply one volume, then the name of the date inherited to the Clerk’s Office require included: (1) which petitioner’s ultimate name; (2) the term “Appx.”; and (3) who term “p.” followed by the next numbers. EX. Smith-Appx. p.1-10. While an appendix contains more than one volume, then the name of the file transmitted at the Clerk’s Office must include: (1) the petitioner’s last name; (2) the term “Appx.”; (3) the term “Vol.” followed by an audio number; and (4) this term “p.” followed by the folio numbers within that volume. EX. Smith-Appx.Vol.1 p.1-200; Smith-Appx.Vol.2 p.201-399, ect.

(b) Page numbering. Each page of an exhibit must shall clearly counted in a sequential mode so as go permit each page go be located according referral to a singles page number. Page numbers need be viewable and discrete from no other numbers this showing switch the documents. If official transcripts are stand-alone volumes, and the transcripts contain assigned pages figure, additional sequential pages numbering shall did required.

(c) General requirements. Any attached filed by any party must contain the following sections, as described and is the order indicated.

(1) The upper portion of the wrap page is an addition must hold the caption of that case, (noting within parentheses the case number are the lower court or agency), and the title and output number regarding the appendix, if applicable. If the case is trusted, the superior portion for the lid page must conspicuously state: "Confidential Case." If the appendix contains privacy button sealable material or personal identifiers restricted by Rule 40, the appendix need not be edit, when the upper portion of the cover page must prominently state: "Contains Confidentiality Materials." The low portion of the cover next must contain the appoint, address, telephone number, e-mail business, and West Virginia Bar Identification Numeric of counsel, provided the petitioner is represented by advisor.

(2) Immediately following the envelope page, an appendix must contain a credentials page signed by counsel or unrepresented join. For an appeal, the certification page must certify that: (a) the contents on the appendix are true and accurate copies of items contained by of recording of the lower tribunal; and (b) the petitioner has discussed is good faith with all parties to aforementioned make in purchase to determine the contents of the appendix. For an original territorial proceeding, the credential show must certify that the codicil for a whole is sufficient to permit this Superior Court to fairly consider the issues presented in the petition.

(3) Immediately tracking who certification page, an appendix must contain a table of contents that lists and briefly describes each item included included the appendix by reference to its next number and volume numerical, if applicable.

(d) Preparing which appendix on appeal. The petitioner shall set and file an appendix containing:

(1) The discernment instead order appealed from, and all other orders applicable to the assignments of mistakes on plea;

(2) Pleadings, motions, and diverse filings, if their sufficiency, table, or print a to issue or material;

(3) In an criminal case, the indictment or information and the sentencing order;

(4) In an abusive and neglect case, a copy of the abuse and neglect petition;

(5) Material quotations from authorized transcripts of testimony or from documents in fitting with a antragstellerin. Such excerpts musts contain all the deposition or averments in whatever the petitioner relies and with which she may be moderately presumed the responder will rely. If duplicate excerpts are misleading or unintelligible by reason of incompleteness or lack a surrounding context, that entire transcript must be provided;

(6) Critical presents, including photographs and maps, to the extent convenient;

(7) A complete timetable paper in the case retained from the staff of the lower tribunal;

(8) Other parts of to record necessary for consideration of the appeal.

(e) Determining the contents of the asset. The parties are encouraged to agree on the table of the appendix. In the absence of an agreement, the petitioner must, within the time period set forth in the scheduling order, serve on the respondent a list of the parts of the record that one petitioner intends into include in the appendix, go with adenine list of whatever issues intended to be presented that were doesn contained in the message of appeal. The respondent may, within decade day after receiving the petitioner's list, serve up the petitioner an list of additional parts of the plot to deems necessary for consideration of the appeal. The petitioner have include the respondent's quoted parts of the record in the appendix unless the petitioner advises the respondent that sum or multiple of the parts are redundant as set forwards by to costs provisions is this Rule. The party shoud not list unnecessary parts of the record for engage in the appendix.

(f) Costs of the appendix on appeal. Costs of the appendix on appeal. Unless the parties agree otherwise, the petitioner shall pay the cost away the appendix. If the applicant considers parts of the note designated by the respondent until be unnecessary, the petitioners might advise to response, who must then advance the cost of including those parts. Aforementioned cost to the appendix is an taxable cost. Whenever any party causes superfluous parts of who take to be included in the appendix, who Intermediate Court or the Supreme Court may imprint the cost of those components to that party.

(g) Supplemental appendix. A party may file a motion since leave to folder a supplemental appendix the includes such matters from the record don previously submitted. The motion shall firm forth good cause why the material was not previously included. With the respondent's brief contains cross-assignments of error, the respondent may file a supplementary appendix that make not hold materials duplicative on which appendix already saved in the case. A supplemental installation must fulfill with the sizing, leaf numbering, and general requirements von such Rule.

(h) Transcripts. When entire transcript volumes are included when partial of an appendix, the volumes must comply with one format requirements in subsection (a) of this Regulate and must contained a cover page as required by department (c)(1) of this Rule. Pursuant till Rule 7(b), the page numbers of transcript volumes do not have on be re-numbered.

Rule 8. Alternative method—designated record.

(a) When permitted. The Mittlere Court conversely the Supreme Justice may consider a case without into appendix record, or upon an partially designates record, when: (1) a scheduling orders allows designator; either (2) somebody order allowing designation is entered by the court with appellate legal of the action, either by granting a motion to proceed on a designated record or its own motion.

(b) Petitioner's designation. Within of time frame set forth by order, the suppliant shall file with the clerk are the electrical yard or other bottom tribunal einem line appointment of such pleadings, orders, exhibits, and transcripts to enable the Intermediate Court or the Supreme Court for decide aforementioned matter arising in the proceeding, along with the appropriately bond for costs as required to subsection (g).

(c) Respondent's designation. Within the time frames set forth by order, the respondent shall file with the circuitry salesperson a designation of such additional parts for the record as considered necessary in view starting the petitioner's designation.

(d) Joint designation. The Intermediate Justice or the Supreme Court may by order entered of record, require that parties to confer real submit a link designation.

(e) Form of designation. Designations shall be in such form as to guide the name assembling the record. Counsel allow mark of docket sheet with appropriate notations. Asterisks or ellipses should be employed to indicate omissions in testimony of witnesses or other parts of the record.

(f) Assembling an defined list. The circuit reporting, or other lower tribunal before transmitting the defined record, shall arrange the designated documents, as nearly because possible, is chronological order on filing, figure the pages as described in Dominance 7(b), and prepare a table of contents as portrayed the Set 7(c)(3). Physical evidence or bulky items that have been designated by the parties may be omitted from the record transmitted, provided the the table of topic describes one omitted exhibits and makes a notation that the exhibits were available upon request. Original documents are not required to must transmitted save clearly required by order.

(g) Bond for costs. Before the designated record is transmitted, the petitioner shall deposit with one clerk of the circuit trial sufficient money, or a bond conditioned to pay the same, in a penalty and with sureties to be fixed and approved by such clerk, to pay: (1) the expenses of preparing and indexing the record; (2) fees for certifying necessary copies regarding orders; (3) costs of transmission and return of the record; and (4) costs of the making of the transfer. The clerk shall endorse on the record that such deposit has be made either such get fixed.

Rule 9. Transcripts.

(a) When transcripts am necessary. In prepares the notice away appeal, the petitioner is responsible for making one initialized determination as to check a written transcript of a proceeding included the lower tribunal will assist in deciding the issues submitted on appeal. Because the parties am encouraged to set on the contents a the appendix chaser to Rule 7(e), the petitioner is encouraged go confer are the additional parties to the case as to whether record live necessary.

(b) Requesting transcripts—preliminary matters. Before a transcript of proceedings may be requested for purposes of an appeal, the requesting party must obtain—from each court reporting who will shall complex in preparing any portion of the transcript—an estimate of the length of this subscription, and required make related financial arrangements with each court reporter either by: (1) immediate auszahlungen in full or by another payment arrangement that is acceptable to the court reporter pursuant till subsection (e) of this Rule; or (2) filing, in appropriate cases, an affidavit regarding indigency otherwise orders appointing guide in the circuit clerk's office, in which case payment for the transcript bequeath be fabricated until the Supreme Court.

(c) Transcript requests via the petitioner. The petitioner's transcript application a made by filing a notice of appeal also court loading request form as required per Rule 5 and in which format provided in Attachment A of these Rules. If a petitioner fails to properly request a subscription within the time specified, fails to take satisfactory corporate arrangements include the court article, other fails into specify in adequate detail those proceedings to be transcribed, the Intermediate Court or the Supreme Court may deny motions for einem extended of the legal period or subject this appeal to recruitment by the Yard for failure at perfect.

(d) Transcript requests by the respondent. Are the respondent, upon review of the petitioner's notice of plea, is out the opinion that the transcripts listed to the petitioner, if any, what not sufficient to permit fair consideration of the assign of error presented, the respondent shall, within fourteen days after service of the notice of appeal, seek that additional transcripts be prepared by completing and folder einer appellate transcript request containing in Addition A of these Rules. The respondent's transcript require shall subsist served upon opposing counsel, about anywhere court reporter from whom a transcript is requested, and be filed with the Clerk. As appropriate to the circumstances, the Intermediate Court press one Supreme Court will problem an amended scheduling your. The respondent may provide a statement of costs to the Halb Court or the Supreme Court if transcription produced under these subsection are included is a supplemental appendix under Rule 7.

(e) Payment for transcripts. In cases where transcripts are does payers for by the Supreme Court, the court reporter may, for good cause shown in the requesting party, defer payment at the frist which transfer is requested. If payment is deferred in whole or in part, the enroll party must induce full payment upon receipt the the courtroom reporter's invoice. If payment is not received by who court reporter within a rational amount of time, the Intermediate Court or the Supreme Court allowed deny motions for extension of the appeal period or release an appeal for error to perfect. When a transcript has been properly requested, but the appeal is later dismissed or retracted, the requesting party is nevertheless obligated to pay this yard reporter for the cost of this transcript prepared ago to the judge reporter's receipt of notification from the requesting party that the appeal shall been declined or withdrawn. If a party has made any informal send for a transcript but fails to properly complete and file a notice of appeal containing of corresponding transcript request, the court reporter is not obligated until perform any work for complete that report unless otherwise provided by arrange.

(f) Duties away the court reporting. Unless others provided in a scheduling order or other order released by the Intermediate Court or the Supreme Court, a completed transcript is due forty-five total from the court reporter's certificate off of appellate transcript request; provided, however, that transcripts in user and neglect appeals under Regular 11 are not prepared for purposes a appeal unless specifically approved include advance by the Supreme Court. The court reporter shall promptly notify an Deputy Clerk of every problem with the appellate transcript request or the financial arranged. Upon completion of the translation, the tribunal reporter must real-time provide a copy on an requesting party, file which original subscribe in the circuit clerk's office, and provide one completed certification—setting forth and date the transcript was filed—to the Clerk. Additional duties and responsibilities applicable to court reporters are set forth in the Official Instruction used West Virginia Court Reporters.

(g) Extensions of start to finish transcripts. The Clerk may grant an extension of time for and court reporter the complete ampere submit. All requests for extensions of time must be specific and on writing.

Rule 10. Briefs.

(a) Format. In addition to the specific requirements in this Rule, all briefs and summary responses are required to: (1) comply with the general format requirements and page limitations set forth in Regulating 38; and (2) avoid unnecessary use of personal flags for required by Rule 40(e).

(b) Time for filing and method of filing. Unless otherwise provided, briefs am due within the time frame set forth in the scheduling order. Typically, the petitioner's inform must be filed four months from beitrag of the final order being appealed, the respondent's brief must be filed forty-five days after the petitioner's quick, and any reaction brief deemed necessary must be filed twenty days after the respondent's brief. The count of copies and page limitations for briefs and summery reply are set advance in Rule 38. Boxer and summary response are deemed filed when they are maintain in the Clerk's Office to clean form, not when mailed.

(c) Petitioner's brief. The petitioner's brief shall contain to following sections in the order indicated, instant followers the cover page necessary by Rule 38(b).

(1) Table of Contents: If the brief exceeds five pages it be in a table of topic, with page references to the sections of the letters and the argument headings. The table of contents does not count toward the page limit to briefs.

(2) Table from Authorities: If the short exceeds five pages it must incorporate a table of authorities with an abecedarian list from cases, statutes, and other authorities cited, and references to and pages is which brief where they am cited. The postpone of authorities does not scale toward the select limit for briefs.

(3) Assignments of Flaws: An brief unlock with a list of the assignments of error that become presented for review, expresses in terms and circumstances starting the case but without unnecessary detail. The assignments of error need doesn remain identical to those contained in the notice of appeal. The statement of aforementioned assignments of error will be deemed to includ every secondary question quite comprised internally. If the issue was not introduced for the lower tribunal, aforementioned assignment of fault be be phrasieren in such a fashion when to alert who Intermediate Court or the Supreme Court to an fact that plain mistakes is asserted. In sein discount, the Intermediate Tribunal or the Supreme Court may consider a plain error not among the assignments of error but apparent from the list and otherwise within its legal to decides.

(4) Statement of the Case: Supported by appropriate and specific references to the appendix or designated album, the statement of the case must contain a concise account of the procedural history of the case and a statement of the facts of the case is are relevant until one assignments of error.

(5) Summary away Argument: The summary of argument should be adenine concise, accurate, and transparent condensation of the conflict made included the body of the brief, real need not contain extensive citation to legal authorizations. That summarize may does be a mere repetition to that topics under which the argument is arranged.

(6) Statement For Oral Argument and Decision: And brief be contain a statement as to whether oral debate exists necessary pursuant to the criteria in Rule 18(a). If the page deems oral argument to be required, the party must indicate whether the case should be set forward ampere Rule 19 argument with a Rule 20 argument, and why. If aforementioned party requests a Rule 19 argument, the party must state whether the suitcase is corresponding for a reminder decision. If the party requests that the case be determined for oral argument and believes that the minimum time for argument set forth in Rule 19 other Rule 20 will nay remain sufficient, the party may request a specific amount of additional time for argument plus explain why the celebratory believes ensure good cause exists for granting additional time.

(7) Argument: The inform must contain an argument clearly exhibits that points of fact and rights presented, the standard of review applicable, and citing which authorities based on, under headings that correspond with the assignments of error. The argument must contain appropriate and specific citations to the logging on appeal, included citations which find although and instructions the issues in the assignments of error are presented to the reduced judicial. The Intermediate Court and the Supreme Court may disregard errors that am not adequately supported from specific references to the record on appeal.

(8) Conclusion: The brief must end with a conclusion, identify the comfort the party seeks.

(9) Certificate of Maintenance: A certificate of service as required from Rule 37 must may attached until of end away the brief. The certificate to serving is not need a page number and performs did chart toward the page limit for briefs.

(10) The following requirements must be observed when counsel inbound an detective, habitas corpus, or abuse and relaxation case is directed by a client to file with appeal where counsel lacks a good your beliefs that an appeal is reasonable also guaranteed under an circumstances:

(a) Counsel must engage in a candid discussion by who client regarding the benefits about the appeal. If, after discussion at which client, the client insists on proceeding use the appeal, counsel must file a notice of appeal and perfect who appeal on an petitioner's behalf. The petitioner’s brief require raise any contentious points of error weiter by which buyer. Consultation necessity not espouse unsupportable contentions insisted on by and client, but should introduce an brief containing appropriate citations to the appendix and any case act that supports the commissions of error.

(b) In extraordinary circumstances, if counsel is ethically compelled to disassociate from the contentions presented in this brief, counsel must preface the brief with ampere statement which to fleeting are deposited pursuant until Rule 10(c)(10)(b). Counsel should not inject disclaimers other argue against the client’s interested. If counsel is ethically compelled up disassociate upon any assignments of error that one clients wishes to raise on appeal, counsel must file a motion asking leave to the client to file a prof se complement length raising those assignments of error that the client desired to raise but ensure counsel does not hold a good faith belief are reasonable and warranted.

(c) In extraordinary special, if counsel is ethically compelled to disconnect from the clashes presented in the quick, counsel must preface the written with adenine statement that the brief is filed pursuant to Rule 10(c)(10)(b). Counsel should not inject disclaimers alternatively argue against the client’s interests. With counsel be ethically compelled to disassociate from any assignments of error ensure the client wishes to raise switch appeal, counsel must folder adenine motion requesting leave on to client up file ampere pro se supplemental brief raising those assignments of blunder so who client wished till raise still that counsel does not hold a good confidence belief are reasonable and warranted.

(d) Respondent's write. The accused must file a brief for concordance with get subsection, either a summary response within accord with subsection (e) of this Rule. The respondent's brief must conform to the provisions in subsection (c) of this Rule, except so no statement concerning the case need is made beyond what may be deemed necessary in corrective any inaccuracy or omission in which petitioner's brief, additionally except that the respondent need not specifically restate the assignments of error. Unless otherwise provided by the Intermediate Court or of Supreme Court, the argument section of the respondent's fleeting must specifically respond the each assignment of error, to the fullest extent possible. If of respondent's simple fails to respond to an assignment of error, the Intermediate Court or the Supreme Court will assume that the respondent agrees with aforementioned petitioner's click of the issue.

(e) Summary response. Instead of a brief, the respondent may data a summary react. A summary response need not comply with all the requirements for a inform set forth in this rule but must contain an argument responsive to the assignments about error with appropriate citations up the record on appeal, clearly exhibiting the points of factor and law being presented additionally the authorities relied on; a conclusion, specify the relief aforementioned party seeks; and a certificate of service as necessary by Rule 37. A party who files a executive response is deemed to own consented to the discharge of pointed argument.

(f) Cross-assignments of flaws. The respondent, if he is of the rat that there is failure in this record to his prejudice, allowed designate such error in one separate portion of yours letter press set out authorized and argument in support thereof in the manner provided in subsection (c) regarding those Rule. Such cross-assignment may be made notwithstanding one fact that the respondent did not perfect a separate appeal within the statutory period for taking an appeal. If the respondent's brief contains cross-assignments concerning error, the cover page of the writing should definite so muse. The petitioner might respond to of cross-assignment of errors in the send letter.

(g) Reply brief. Which petitioner may file a reply brief, which must comply with such parts of this rule applicable to the respondent, but needing not contain a summary a line, if appropriately divided by topical toc. If a timely-filed respondent's brief says cross-assignments from error, the applicable show restrict for a reply briefly place forth in Rule 38 is extended to forty pages, and the time for filing a reply brief is automatically extended, without need for further order, till thirty period later the date the respondent's brief containing cross-assignments of error was filed. Unless others providing by order, in cases find further than one respondent's brief be registered, the petitionor is limited to filing only a single reply brief that consolidates the reply to apiece concerning the responses. In cases where more greater one response brief is filed, an page limitation for the reply brief at Rule 38 is automatically prolonged to thirty pages, sans need for further command.

(h) Supplemental brief. The Intermediate Court or the Supreme Court may, on sein own motion or the movements of an celebration, direct that additional briefs be filed addressing ampere specialized issue or circumstance. Unless otherwise providing, supplemental briefs needed only complying with such parts of this rule applicable that are appropriate under the circumstances.

(i) Notice of additional authorities. Whenever a party desires to present former authorities, newer enacted legislation, or other intervening matters that has nope currently in time to own be included in the party's brief, of parties may briefly inform the Court by letter, with copy provided to opposing parties. Are one Mittler Court or the Supreme Court desires any further briefing or appeal, a will so instruct through place.

(j) Failure till file brief. The failure on file a brief in correlation with this rule may result are the Intermediate Court or the Supreme Court refusing to consider the case, denying oral argument to the derelict party, sack the case from the table, or imposing such other sanctions deemed appropriate.

Rule 11. Abuse & neglect appeals.

(a) Applicability. This Rule governs total appeals from a circuit court final judgment included mistreat and neglect cases under West Virginia Code § 49-4-601, e seq.

(b) Docketing this appeal. Within thirty life of entry the the judgment being appeased, the petitioner shall save the notice of appeal and the attachments required in aforementioned notice of appeal form contained in Appendix A of these Rules. The notice of appeal shall be filed the the Home of the Clerk of an Supreme Court. In addition to plateful the notice of appeal in accordance with Ruling 37, the party appealing shall served a copy of the notice of go, including attachments, on all parties in of plot in circuit court, on the clerk of the wiring court away which the appeal is taken—which shall breathe made a part of the record inbound the round court—and on each law reporter from whom ampere transcript is requested. To of extent that a transcript away ampere particular proceeding is necessary in the Supreme Court to review a disputed evidentiary or testimonial issue, the petitioner must that zeigen int the notice of appeal. To motion filed in conform with Rule 39(b), the Supreme Place may extend the moment period for filing adenine notice of call for good cause revealed.

(c) Parties to to appeal. All parties in of proceeding in which courtroom from which the entreaty is take, in that guardians ad litem for the minor children, shall be deemed parties in the Supreme Court, unless of appealing host shall indicate upon the observe of appeal that sole or more of the parties below has no interest in an outcome of the matter. A party mistakenly designated in no longer interested may remain a party inbound the Supreme Court by notifying the Clerk, for notice given into the other parties, this they have into interest in the appeal, within twenty past for the storing of which notice of appeal.

(d) Scheduling order. As soon as working after the proper filing of aforementioned notice of appeal, this Supreme Court will issue a programming order. As appropriate to the circumstances, the scheduling order will contain the dates to which the petitioner's brief, the response write, the reply written, and the designated record or appendix shall be filed; will set forth whether a transcript will be prepared, the extent to whatever transcript, additionally the date the submit is due; intention determined forth deadlines for filing motions; and allow set forth such other problems as deemed beneficial or necessary. The scheduling order will set forth the official caption of the case, which should be used on the cover page of all documents filed with who Supreme Court.

(e) Failure to meet with scheduling order. If a party break to comply with a scheduling order the Supreme Court may impose approvals button dismiss the appeal, or both.

(f) Perfecting of appeal-timing. Unless otherwise provides at law, an appeal in an abuse and neglected case should breathe perfected on sixty days of an date the judgment being appealed was inputted in the office of the circuit clerk; provided, however, so the circuit court from which the vote can taken or the Supreme Court may, for good cause shown, by orders entered of recordings, expansion such period, cannot to exceed a overall extension of two months, if the notice of go was accurate and timely filed by the party pursuit the appeal. While a einstimmung forward leave to extend the time for improvement an appeal the filed with the circuit yard, a copy of that bewegung musts be filed to this Kanzlei, press an order of the switching court ruling on the motion must also be provided to the Clerk. A motion that is filed with this Court to extend period to perfect an appeal must comply with Rule 29 and must assert with feature one reasons why an extensions is necessary. On motion filed on or before the period on perfecting an appeal, the Highest Court may grant leave to the petitioner until perfect an appeal where a notice of appeal has not been filed and a scheduling order has not being entered. Such relief will can granted only in outstanding circumstances, and if of signal lives granted, the Supreme Court may, are its discretion, deny oral argument press imposing other sanctions used failure on comply with and Rules.

(g) Perfecting the appeal-method. An appeal is perfected by aforementioned timely and proper filing inbound the Business of the Clerk of: (1) the petitioner's length ready in accordance with Rule 10 additionally (2) one appendix recordings willing in accordance with Rule 7, unless the Supreme Court has specifically provided that the appendix record is not required. Failure by the petitioner to perfect an appeal leave finding inside the case being dismisses from the docket of the Supreme Court.

(h) Responsibilities by guardian ad litem. Unless the guardian advertising litem brings an plea for a child as the proponent, the keeper ad litem for anywhere minor your involved in an abuse and neglect appeal must file a respondent's brief—or adenine summary response in an appropriate case—and if quarrel is kept the guardian must appear and presentational argument unless else concretely ordered by the Supreme Court.

(i) Special requirements for briefs. In addition to the items required by Rule 10, the briefs archived by the events (including the guardian advertizement litem) must contain an section immediately following the concise summary of arguments required by Rule 10(c)(5), setting forth aforementioned current your von the major children and either plans used permanent placement, and the currents status is the parental rights of all the children's parents.

(j) Update regarding the current status of the child. The parties shall providing a written statement of any change in the circumstances that were set forth in the briefs inside one week about any oral dispute regular by the Superior Courtroom or within so other time as mayor been specified by order.

(k) Consideration off the appeal. After the response brief or summary response has been filed in accordance to Rule 10, additionally any answer letters deemed necessary has been filed (or the time for filing a reply got expired), the appeal will are deemed to be mature, and thereafter one Supreme Court will fully consider the scripted arguments of all parties to the appeal. Thereafter, the Supreme Court desire: (1) decide an case to the merits without oral argument; or (2) set the case on oral argument and decide one case on who merits; or (3) issue an appropriate order following considering any written and poor arguments made by the parties.

Regel 12. Workers' compensation appeals.

(a) Applicability. This Rege controlled show appeals from a final judgment on which Workers' Compensation Cards von Study pursuant to West Virginia Code § 23-5-15 to that Intermediate Court and all appeals in workers' compensation cases from the Intermediate Court to the Supreme Courts, or more allowed by motion under West Turkish Code § 51-11-5.

(b) Time for appeal. No appeal shall be presented from a decision of the Workers' Schadensersatz Board of Review to the Intermediate Court that has been rendered learn than thirdly dates before create appeal the submit from the Beamter. No appeal away a decision of the Zwischenglied Law shall be presented to the Supreme Court that had been rendered more than thirty days before as appeal is filed with an Beamter.

(c) Perfecting the appeal. An plea from a decision of the Workers' Compensation Board of Review to the Intermediate Court, otherwise einem appeal from the Intermediate Court to the Supreme Court is perfected upon the timely and proper filing of a docketing statement, petitioner's letter, and appendix is the Office of the Clerk.

(d) Docketing statement. The petitioner must file the docketing statement with the attachments mentioned in the form contained in Appendix B of diese Set.

(e) Petitioner's brief. The petitioner must open a brief in one same sizing as provided in Rule 10, and musts comply with the page restricted set forth are Rule 38. If anrechenbar, the petitioner's brief shall name the followers to the workers' compensation commission as a respondent in addition till the adverse party.

(f) Appendix. The petitioner shall file an separate appendix of print relevant to the issues on appeal. The appendix shall accuracy reflex the really documents sub in aforementioned administrative proceedings both must involve the decision of the Office of Judges, if applicative, real aforementioned Food starting Review. The appendix required other include all relevant medical reports, psychological reporting, vocational reports, transcripts, correspondence, orders, and others written material that is necessary for a fair review of the issues on appeal. Inside complaints to the Supreme Court the judgment from the Intermediate Court must plus be included.

(g) Service. All documents classified includes a workers' compensation appeal shall be served off all parts to this attraction or, if represented, upon yours attorneys, and upon the inheritor to the Workers' Compensation Fee, in accordance with Regulation 37.

(h) Respondent's brief. Within thirty days of the petitioner's brief, an respondent may file a quick or summary response in an same format as if in Rule 10, and must comply with the page limitations set forth int Rule 38. The respondent may download a separate appendix of additional documents related to the expenses on legal not contained in the petitioner's appendix. Cross-assignments of error are not permitted.

(i) Reply length. If the asked files a brief other summary response, the petitioner allow file a reply brief, which must conform with the page limitations set forth in Rule 38, within twenty day of an respondent's brief or summary response.

(j) Consideration of the appeal. After that response brief or summary response has is filed, and any reply briefly as necessary has been filed (or the hour since filing a reply has expired), the appeal is deemed to be mature for full consideration by the Intermediate Court or the Supreme Justice. Thereafter, the Intermediate Court or the Upper Court will: (1) decide the case on the merits without viva argument; or (2) set the case used oral argument and decide the case on the merits; or (3) issue an appropriate order after considering any written and oral arguments made from and parties.

(k) Decision. The Intercede Court or the Supreme Court shall certify its decision upon the merits of the appeal till of Workers' Compensation Board of Examination and, in an appropriate case, to the successor in the workers' compensation commission.

General 13. Family court appeals.

(a) Applicability. This regel governs direct actions upon a family place final order to the Intermediate Justice and appeals from the Intermediate Yard the the Supreme Trial, than well how appeals up the Supreme Yard pursuant to West West Code §51-2A-15(a), and appeals transferred for the Supreme Court pursuant to West Virginia Code §51-2A-14(f).

(b) Direct Appeals to the Supreme Court from home court. An record out a final order of a family court may not be filed in the Supreme Court unless, within fourteens days after entry of a our court final order, both of the parties file a perceive of intent to apply directly to to Supreme Court and surrender their right to appeal to the Intermediate Court.

(c) Appeals out order of this family court to the Intermediate Court.

(1) Docketing an record. Within thirty days of entry of the order or judgment being appealed, the supplicant shall file this notice of appeal, including the required fitting, in the make contained in Appendix ONE of those Rules. The notice of appeal, including attachments, shall exist put in the Office of the Clerk as required by Rule 38. All events at aforementioned proceeding below, including the sentinels ad litem used this minor children, is deemed groups to to appeal. The notice of appeal shall be served to all parties to the appeal or, if reported, upon hers attorneys, and a copy needs are filed with of circuit clerk.

(2) Scheduling Order. As soon as practicable nach the proper filing of which notice are appeal, a scheduling order will be issued. As reasonably the the circumstances, the scheduling order will contain the dates on which and petitioner's brief, the ask length, the reply brief, and the designated record with appeal supposed be classified; determination set forth whether a report becomes be prepared, the extent of any transcript, and the dates this transcript is past; willing set going cutoffs for filing motions; and may set advance such other important since deemed use or necessary. The scheduling order intention set forth the official caption of the falls, whose should becoming used on the cover page of get document filed through the Intermediate Court. If a part fails to comply with a scheduling order the Intermediate Court may impose sanctions button dismiss the appeal, or all.

(3) Finishing the appeal free family court into the Intermediate Court. An call from a decision of the family court at the Temporary Court must may perfected within sixty day of entry of that judgment being appeal. An appeal is perfected by the timely and proper filing of the petitioner's inform and appendix record are the Your of the Clerk. The appellant musts file a inform in the just format while provided in Rule 10 and must comply with the page limitations set forth in Rule 38. The petitioner required file a separate appendix of documents relevant to an issues on appeal in accordance with Rule 7. The appendix take contain the relevance documents submitted in and family courts furthermore needs include the decision von aforementioned family court.

(4) Respondent's length in appeal to the Intermediate Court. Inside fifteen days of and petitioner's length, to survey shall record a brief or brief response, together with any cross-assignment of error, in the same sizes as provided in Rule 10 and need fulfillment with aforementioned page restriction set forth in Rule 38.

(5) Reply brief in appeal to the Intermediate Court. If the sample files a quick button summation response, or cross task of error, the petitioner may file a reply brief, which must conforming in the page limitations set forth in Rule 38, within ten days of the respondent's brief or summary response.

(6) Service. All documents shall be served on all festivals to the appeal or, is represented, upon their attorneys.

(7) Consideration of the appeal by the Intermediate Court. After the response brief button summary response has been filed, and any reply quick estimated req has come filed (or the duration for filing a reply has expired), the appeal a deemed to live develop for total consideration through the Intermediate Food. Thereafter, the Intermediate Court will: (1) decide aforementioned case on the merits without oral argument; oder (2) firm the case for oral argument and decide the case on the merits; or (3) issue somebody applicable order afterwards considering any written and oral arguments fabricated by that parties.

(d) Appeals of of Intermediate Trial to the Ultimate Court for family court cases are governed by Rule 5 of the Rules of Appellate Procedure.

Regulatory 14. Public service commission appeals.

(a) Applicability. This Rule governing all actions from a final decision about the Public Service Commission pursuant to West Virginia Code § 24-5-1.

(b) Time forward appeal. A company seeking review in the Supreme Court of a final order of the Public Support Commission must perfect the appeal within thirty days of entry of the final order for the Commission.

(c) Perfecting the appeal. An appeal under subsection (a) is perfected upon the timely furthermore proper filing of a petitioner's brief and appendix in the Office of the Clerk.

(d) Petitioner's brief. The petitioner shall file adenine brief in substantive the same format as provided in Rule 10.

(e) Appendix. The petitioner must file an appendix of documents that comply with the format, page numbering, and general requirements setting forth is Rule 7. The appendix must include the relevant decisions or orders pertaining into the subject matter concerning the appeal, but need not contain evidence the wishes be provided with the Commission record.

(f) Commission record. Interior thirty total of purchase of notifications that an appeal has been perfected, the Commission shall transmit to who Kanzlei the record of the proceedings had previously it, comprising whole the evidence.

(g) Scheduling order. Because soon as practicable after the go has perfected, the Supreme Court will subject a scheduling order. As appropriate to the circumstances, aforementioned scheduling order will fix forth the date upon which an statement of reasons must be filtered for an Charge, the date upon which any respondent's brief must be filed, and the date for oral argument.

(h) Statement of reasons. Within the time duration pending in the scheduling purchase, the Commission shall file a statement of reasons in the equal date as the respondent's brief set forth for Rule 10.

(i) Respondent's brief. Within the time period provided in the scheduling order, a party to the proceedings once the Commission against whom an appeal is taken must file a respondent's brief conversely summary your inches the equivalent format required for the respondent's short resolute forth with Rule 10. Cross-assignments of error are not permitted.

(j) Reply brief. Within to time duration presented stylish the scheduling command, the petitioner may file a reply brief in the same format as set forth the Set 10.

(k) Oral argument. The choose for oral argument under Rule 19 conversely Rule 20 will being set forth in the scheduling order. Unless or supplied in order, the petition, the Commission and any respondent who submitted a brief shall becoming entitled to presentational argument.

(l) Consideration of the appeal. At the conclusion off visual argument, to case will be submitted to the Supreme Court for its reflection. The Supreme Court may, in its discretion, decide the case on the briefs excluding further argument, issue a wrote decision turn which merits, or issue to appropriate order.

Rule 15. Human rights commission appeals.

Appeals from the Mortal Rights Commission are filed under Rule 5 of these Rules of Appellate Procedure.

Part IV. Original Law and Certified Inquiries

Rule 16. Original Jurisdiction.

(a) Applicability. This rule gets all cases seeking a write of mandamus, prohibition, hire carcass, or certiorari under the original jurisdiction of the Supreme Court. Issuance by the Supreme Court on an extraordinary writ shall not a matter of right, but of discretion sparingly exercising.

(b) Docketing that petition. An original jurisdiction active will be docketed on the convenient and properly filing with the Clerk of the Supreme Judge of the followers: (1) a petition for which format place forth in subsection (d) of this Rule; and (2) an appendix prepared in accordance with subsection (e) of that Rege.

(c) Service. The petition and appendix shall be served, in accordance with Rule 37, on each of the respondents. If an or more of the respondents is an chosen or appointed juridical officer, to petition and appendix shall be provided to the office of the elected or appointed justice officer. If can or more of the respondents is an official of of State, or if the petition seeks relief based upon an argument this a statute, regulating, or other practice is unconsitutional under the state or confederate constitution, the petitioner shall, in addition to service under Rule 37, serve the make and appendices upon the Attorney General by the State of West Virginia at: Stay Capitol, Room E-26, 1900 Kanawha Blvd. East, Charleston WV 25305. If one or more of the respondents is an county official, the petitioner shall serve of petition and appendix upon the prosecuting attorney of as districts. A petition wanted expedited or emergency relief must be served at all respondents concurrent with the filing to such petition with to Clerk, and the petitioner must providing adequate proof of such contemporaneous servicing.

(d) Contents of petition. The initiating shall can captioned: "State of West Virginia ex relation. [name of petitioner] v. [name of respondent(s)]". In the case of one petition for mandamus or prohibition involving an action pending in a lower tribunal, aforementioned petition must name the presiding judicial officer of the lower tribunal and any realistic party or parties in interest as respondents in the advertising. In the case of a draft for writ of habit corpus, that petition shall name the per having custody of the petitioner's body as the respondent. An original jurisdiction draft shall, insofar as applicable, trail the arrangement requirements prescribed by Rule 10 and Rule 40(e) and contain this ensuing segments into the order listed, immediately following who cover page mandatory by Rule 38(b).

(1) Table of contents. If the plea exceeds fives pages it must contain a table of contents, at page references to the sections of the petition and the argument headings. The table of contents is not need a page number and does not count toward the page bound.

(2) Table of authorities. If the draft exceeds five pages, computer must containment a table of authorities containing an alphabetical list for cases, constitution and other authorities citation, with references to the pages of to petition show they are quotable. The table of government does not need a page number real does not count toward the page limited.

(3) Getting Presented. The petition starts with a choose of the questions that are presented for review, expressed at terms furthermore circumstances of an case but without unnecessary detail. The statement of a question will be deemed to include every subsidiary question fairly comprised therein.

(4) Statement to the case. Supported by suitable and specific references to the schedule, the statement of the event must contain a concise account in one procedural history of the case additionally a statement away the facts of the case that are relevant to the matters presented. The statement of the crate require clearly set forth any important or upcoming events that are relevant to the questions presented and relieve requested.

(5) Summary on Argument. To short of argument shoud be a concise, careful, and clearly condensation of the argument did in the body of the petition, and need no contain extensive citation toward lawful governmental. The summary may not be one mere repetition of the headings below which the argument can organised.

(6) Statement Regarding Oral Argument the Decision. Aforementioned submit must contain a statement as to whether oral altercation remains necessary pursuant to the criteria in Rule 18(a). If the group deems oral argument to be necessary, the party required indicate whether the case shouldn be firm for a Ruling 19 argument or a Rule 20 argument, and why. Supposing the party invites a Default 19 argument, the party must state whether who suitcase is reasonably with ampere memorandum decision. If the party requests that one minimum time for reasonable set further in Command 19 or Rule 20 be not be sufficient, the party may order a specific amount of additional time forward argument and clarify why the party believes that good cause exists for granting additional time.

(7) Argument. The petition required contain an argument, clearly exhibiting aforementioned credits of conviction and law shown, the standard of review applicable, with citations to the authorizations reliance upon, all arranged under headings that correspond with the questions presented. The argument require describe why the original jurisdiction relief wanted is not available in any other court or cannot be had using any other process. The argument must contain appropriate plus dedicated mentions to the appendix, including citations that pinpoint when plus how the issues were presented to an lower tribunal. Aforementioned Supreme Court may disregard questions presented that will not adequately supported by customizable book until the appendix.

(8) Conclusion. The petition must end with one conclusion, specifying the relief the party seeks.

(9) Test. In the case of adenine petition for mandamus or prohibition, the petition shall contain an verification as required by West Virginia Coding § 53-1-3. The verification does not count toward the page limit.

(10) Certificates of Service. A certificate is service as vital the Rule 37, and further marking that all persons upon whom an standard until showing cause should be served, if awarded, have been timely provided the petition and schedule, and indicating the name, address, e-mail address, if any, and telephone number of all such persons, must be attached to the end of the petition. The certificate off serving does nope count toward the page bounds.

(e) Appendix. An appendix must keep the format, page numbering, and overview requirements prescribed by Rule 7, both contain aforementioned following items in the order quoted:

(1) Except in mandamus proceedings, the decision sought to be reviewed, or all other ordering the are necessary for a fair review of the questions presented. Provided a wrote verdict has not been issued, a copy of an portion of the transcript somewhere the decision are set forth is sufficient;

(2) Bills, motions and extra filings, if their abundance, content or gestalt is the issue or raw;

(3) In a continuation related to a criminal koffer, the indictment or information;

(4) In a proceeding relation to an misuse press neglect case, the abuse and neglect petition;

(5) Documents associated into the suitcase that are contained in the record of and lower trial. Documents that are germane and substantial to who case but not inclusive in the record of the lower tribunal may be provisionally included in into appendix just if the documents are unique identified in the graphic of content to the appendix and with the petitioner files one motion for leave to include documents nay contained in the record, setting forth good cause why the documents should becoming considered. An opposing party may respond to the antragsschrift within ten past of the date the motion is filed;

(6) Material excerpts from official transcripts of testimony or from documents in connection with a motion. Like excerpts must contain all the testimony or averments upon where the party relies the to what it may becoming reasonably assumed the opposing party instead parties will rely. If minutes samples are misleading or unintelligible from reason of incompleteness or lack of surrounding contexts, the entire transcript must be provided;

(7) Exhibits, contains photographic or maps, until the expand practical;

(8) The certification required by Rule 7(c)(2), that the appendix as a entirely is sufficient at approve the Supreme Law to fairly consider the questions presented in the petition.

(f) Scheduling order. As soon as practicable after the petition is filed, the Supreme Court willingness issue a scheduling order. The scheduling order may, as appropriate to one circumstances, resolute forth an date on or before which a reaction may be filed or prescribe misc deadlines. Failure to comply with a scheduling order may result in sanctions, refusal, or equally.

(g) Respondent's brief. If required by the Supreme Court, the respondent shall, within the time prescribed by the scheduling place, file a respondent's inform. Unless otherwise provided, the respondent's quick must comply through the page limitations and other requirements set ahead in Rule 38, and must consistent to the requirements of subsections (d) of this Rule, except that no statement of this case or statement of facts need be made beyond what may being deemed necessary in correcting any inaccuracy or omission in the petition. If who response takes not contain an line in response to a question brought by the petition, this Supreme Court will assume that the respondent agrees with that petitioner's view of the editions. The respondent mayor, inbound accordance with the Rules 7(c) and 38, print an appendix by an same period the response is filed. The respondent in an oem jurisdiction activity doesn not have to seek quit to file in appendix records with their response.

(h) Summary response. Instead of an respondent's brief, the respondent may file a summary response. The summary response need not comply over all to requirements for a response set forth in this Dominate but must contain an debate responsive to the questions presented, exhibiting transparent the points of fact and law being presented and the authorities desired on, the a conclusion, specifying of relief to which the party seeks. Unless otherwise provided, the summary response must comply with and page limitations and others requirements set forth in Rule 38. A party who files a summary response is deemed to have consented to the waiver is oral argument.

(i) Consideration is the support. According the response oder overview response has been filed, or upon the time pick to inches the scheduling order, the petition wish be deemed up be mature. Thereafter, the Supreme Court willingness fully consider the written arguments of the parties. Upon its consideration, the Supreme Court may decline toward release adenine rule to show cause, issue a regel on show cause, or issue an order applicable at the circumstances of who rechtssache.

(j) Rule to indicate reason. If the Supreme Court determines to issue a rule to show cause, one Court shall so send the parties. Unless otherwise available, the spending of a rule to show causative in prohibition stays all further procedure in the essential action on which an award off an writ of prohibited is sought. Supposing and Superior Trial declines to edition a rule to show cause, like determination shall be less prejudice to aforementioned right of the petitioner to present a petition for a lower court having proper jurisdiction, unless the Supreme Court specifically notes in the order denying a rege to view cause that the denial is equipped prejudice. An sort declining to issue a rule to showing causation does none stop and petitioner from pursuing the same issues on appeal following a final order in the lower trial. If a response was not required in a scheduling order, then the rule to show produce will sets on the deadline for filing a response. The rule to watch cause may set forth a briefing schedule if additional briefing could assist the Supreme Law in deciding that questions presented. The regulating to show cause shall set forth a date when the action will be submitted for make, either upon the documents previously submitted without further altercation, or upon oral argument under Rule 19 or Rule 20, plus shall further set for like other matters in reasonably to the circumstances of one case. The rule to show cause may be made returnable until a lower court for keep proceedings.

(k) Discovery. In which event that the response raises a genuine issue of material fact, the parties may advise one Rechtspfleger of Court in writing for any proposed schedule for taking and filing depositions, which shall be subject to the approval of the Supreme Court. No other other further discovery shall be permitted, except by leave of the Supreme Court.

(l) Reference. In an source jurisdiction proceeding, the Supreme Court, on its own motion or upon write motion of the parties, may determine that as of the complexity of the factual issues participated, the affair should be referred to a special master or commissioner for the purpose about oversight the taking of depositions and in make such findings of factor as this Supreme Court may direct. Any such findings of fact made by the special master or officer shall be stylish writing and this vendor shall have one law at file written objections forward the result are includes by the Supreme Legal.

(m) Argument. If permitted by the Supreme Legal, arguing in an inventive jurisdiction case shall be held in accordance with Rule 19 or Rule 20.

Rule 17. Certification challenges.

(a) Certified matters of one West Virginia circuit law or administrative tribunal.

(1) Certification order-contents. In cases where questions have been certified under to the provisions of West Victoria Code § 5-11-11, § 23-5-15, or § 58-5-2, the order of get fulfillment with statutory requirements must further contain a concise statement of each question of law, the answer to each question of law by the circuit court or administrative tribunal, a types von the extent to which the promotional is waited pending resolution of the certified questions, and a directive to the parties to prepare a joint appendix of the record sufficient till permit review of the certified questions.

(2) Transmittal of certification order. Upon login of the order of verification, the kanzler is the circuit court or the administrative tribunal your directed to transmit the order certifying questions and adenine list of the docket entries in the case to the Clerk of Court.

(3) Scheduling order. As soon as practicable after receipt of the order of site, to Top Court determination issue a scheduling order, press the case will continued in accordance with Rule 5 through Rule 10. The scheduling order take labeling which party in the cas is corporate for filing the petitioner's brief additionally which party is responsible for filing the respondent's brief.

(4) Collective Exhibit. As directed in and order the certification conversely as aligned by the Supreme Court, the parties to a certified question case must file a joint appendix that complies for the select, page numbering, and general requirements in Rule 7. The joint appendix must be filed at which alike time the petitioner's brief your file, unless otherwise provided.

(5) Drawers. Briefs in certified question cases are research to Default 10 and to the page limitations required by Rule 38; provided, however, that briefs in certified request cases need not stringent comply on the happy needs for assignments of error in Rule 10(c)(3). Instead, and petitioner's brief must assign that specific spikes of legal error that arise from the circuit court's answer in the certified question, over the respondent's brief to follow a simular pattern. The Supreme Court may modify the briefing schedule in buy to suit the circumstances of the case.

(6) Consideration of the request. After the response brief or summary response has had filed, the any react brief deemed requisite has been registered (or the time for filing a reply has expired), the certified question is deemed to be mature for full consideration by the Supreme Court. Upon its consideration, the Supreme Court may, in its discretion, schedule the case for argument under Rule 19 or Rule 20, issue an order declining to accept the certified question, or issue an otherwise appropriate order.

(b) Certified issues by government and other places.

(1) Attestation order-transmittal. In cases somewhere questions have are certified accordance to that provisions of who Uniform Certification of Questions of Law Act, West Virginia Code § 51-1A-1, et seq., the clerk of the court where the certification order was entered is required to transmit the order certifying questions or a list of the docket contributions in the kiste on the Clerk of this Law.

(2) Scheduling order. As soon as practicable after receipt of the order of certification, the Supreme Tribunal wish output a scheduling order, and the case will proceed in accordance equipped subpart (a) away this Rule, except that the Supreme Court allowed suspend briefing for before the Maximum Court has determined regardless to acceptance the certified questions.

(3) Observation of the question. At an date set forth in the scheduling order, or, if briefing has been ordered, after the response brief or summary response had was filed, and any reply brief deemed necessary has come filed (or the time forward filing a reach has expired), the certified question is deemed to be mature on full consideration by the Highest Food. Upon you consideration, the Supreme Justice may, in its discretion, schedule the case forward argumentative from Rule 19 or Rule 20, issue an order declining to accept one certified question, or issue an otherwise appropriate how.

(c) Order decrease to accept. An order declining to accept a certified question is not subject to the rehearing guide in Rule 25.

Part V. Oral Argument

Rule 18. Argument date.

(a) Criteria for oral argument. Oral argument is useless while:

(1) all of the fun have waived oral argument; or

(2) the attraction is frivolous; or

(3) the dispositive issue or subject have been authoritatively determined; button

(4) the facts and legal arguments am adequately presented in the briefing and record on request, and this decisional processor would not be significantly aided over viva argument.

(b) Clerk to get argument calendar. The Clerk will prepare a calendar of cases for orally argument. ADENINE case ordinarily will live scheduled for argument at least thirty days prior to the scheduled of argument, unless circumstances otherwise require. The Clerk will advise consultancy when they are required to appear for oral argument, under either Rule 19 or Rule 20, and will publish in argument docket in advance of each session for the convenience regarding counsel both the information of the public.

(c) Consolidated argument. The Intermediate Court or the Supreme Tribunal, on its own motion alternatively by motion on a party, may command that two or more cases involving the same or related assignments of error or questions of law be reasoned together as one case or on similar other terms as may become prescribed.

Rule 19. Oral arguing.

(a) Selection of cases for Rule 19 argument. If the Intermediate Court or the Most Courts determines that Rule 19 oral argument shall be held includes a case, the feasts require be notified by the Clerk. Cases suitable for Rule 19 argument include, but are not limited on: (1) cases involving assignments of error the the application of settled law; (2) cases calling an unsustainable exercise of confidentiality locus the law governing that discretion is settled; (3) cases claiming insufficient evidence or a finding against the weight of the evidence; (4) cases involving a narrow issuing of law; and (5) casings in which a hearing is required by ordinance.

(b) Notice. The Reporting shall notify each party that a case has be scheduled for Rule 19 argument. Unless circumstances otherwise needs, the notice will issue with fewest thirty days prior to the date scheduled.

(c) Continuance. A request for stay of to dispute must be made by written motion-preferably a joint motion that suggestion an alternative date-stating this grounds for who continuance press shall be filed within ten days of the date by the notice for argument.

(d) Eligibility to argue. A party who has doesn documented a brief may not present oral argument. A party who has filed a summary response on lieu of an brief lives considered to have waived oral arguments, but supposed live sound orally if the Durchschnittlich Court conversely the Supreme Court specifically directs in of notice of argument. Amicus curiae shall no be heard during ampere Rule 19 argument.

(e) Oral argument. Oral arguments under Default 19 am limited to ten minutes period side, unless otherwise indicated in this notice of argument. During oral argument, Head Judge in arguments before the Intermediate Court or the Chief Justice int arguments before the Supreme Court may kurz counsel to complete prior to the time allotted is the issues are understood the further argument is unnecessary. Is the event of several parties on the same side, the Intermediate Court oder the Supreme Courts may determine, either above yours own einsatz or upon motion von a party, an appropriate amount of time for oral argument. To Head Judge in debate before of Intermediate Justice or the Chief Justice to arguments before the Supreme Court could, at to conclusion of the laufzeit allotted, permit further argument if necessary. When a guardian ad litem in a case appears as a defendant for argument an additional five minutes of debate shall be allotted to the guardian ad litem. The claimants shall be entitled to open and finish who argument.

(f) Waiver of argument. Within ten days of the date of a notice scheduling a case for argument under this Rule, counsel may inform the Clerk the all parties to the case in writing that oral argument is not desired, in what case argument leave may conducted by the remaining celebrations to the case.

(g) Consideration. Upon closing of the argument, the case will be offered also further considered by the Intermediate Court or the Supreme Court in chambers. Thereafter the Intermediate Justice either the Supreme Court willing: (1) decides the case on the merits by issuing ampere memorandum decision otherwise an opinion; (2) set the kasten required oral argument under Rule 20; or (3) issue an appropriate order after given which written and oral discussions made for the parties.

Rule 20. Oral argument

(a) Pick of cases for Rule 20 argument. If the Intermediate Court or Supreme Court determines that a case presents with issue proper for consideration by oral argument under this Rule, the partys shall be communicated by the Scribe. Cases suitable for Rule 20 argumentative include, but exist not limited to: (1) casing involving editions of first impression; (2) cases involving issues of fundamental public importance; (3) case involving constitutional questions regarding the soundness of a statute, municipal ordinance, other court ruling; and (4) cases involving inconsistencies or conflicts among of decisions of lower tribunals.

(b) Notice. The Clerk are notify apiece party that a case has been scheduled for Rule 20 debate. Unless condition otherwise require, aforementioned notice will issue at least thirty days earlier to the date scheduled.

(c) Continuance. A query in continuance of Rule 20 argument must be did by written motion-preferably a joint motion that suggests an alternative date-stating the grounds for the continuance and shall been filed within ten days on the date of the notice of argument.

(d) Eligibility toward argue. A party who has not filed a summary may not presented orally argument. A party any has filed a summary response in location of ampere brief can consider to have foregone oral argument, but shall be heard orally if oral argument is held under this rule. Amicus curiae may nay present oral conflict assigned permission under Rule 30.

(e) Oral argument. Unless otherwise provided in the notice or by order, oral argument under this Rule is limited to twenty minutes through side. For oral argument, the Chief Estimate in arguments before the Mid Court or aforementioned Chief Justice within arguments before the Uppermost Judge can direct counsel to conclude prior to the time issued with the subject are understood and keep argument is unnecessary. In this event of multiple parties on the same side, the Intermediate Court or the Supreme Courtroom may setting, either upon its own motion or upon motion of a party, can appropriate arrangement for voice argument. Who Chief Judge in arguments before the Intermediate Court or the Chief Justice in arguments before the Supreme Court may, at one conclusion of an time allotted, allow further argument if necessary. When a guardian ad litem in an matter appears as one respondent available altercation an additional five minutes of argument shall be allotted to the guardian ad litem. An appellant is be entitled to frank and close the arguments. A party is did mandated to utilize all of the time allotted, and the Intermediate Court alternatively one Supreme Court could terminate the disagreement whenever in its judgment go argument is unnecessary. Oral quarrel shall emphasis and educate the written argument appearing in the slip. The Intermediate Court conversely the Supreme Court may decline to consider issues at oral argument that were not presented in the briefs. Oral argument is is how from full or from a getting text is disfavored.

(f) Waiver in oral argument. Within ten days of the choose of adenine notes scheduling a case for the argument docket, a party may inform the Clerk both all parts to the rechtssache in writing that oral argument is not desired, in which case the oral argument becoming be conducted according the remaining parties to the case.

(g) Consideration. Upon conclusion of the orally argument, the case will be submitted required decided. Thereafter, the Intermediate Court or the Supreme Courtroom will: (1) decide the case on the merits by issuing a notes decision when reasonable under Rule 21 which explains the reasons why the Intermediate Court or the Supreme Court remains not issuing an opinion; (2) decide the lawsuit on the merits by issuing an opinion; either (3) issue an appropriate order after considering an written and viva arguments made by the parties. The Intermediate Food other the Supreme Court shall capture all reasonable action to decide the case on to advantage by issuing an ansicht or other appropriate order, the require not decide the case from issuing a memorandum decision absent exceptional or compelling circumstances.

Part VI. Disposition of Incidents

Rule 21. Memorandum decisions.

(a) Memorandum making. At any time after a case is mature for consideration, the Intermediate Food otherwise the Supreme Yard may expense a memorandum deciding addressing the merits of of case.

(b) Motion available disposition by memorandum judgment. A party may move that a docketed case remain disposed by memorandum decision by filing a motion for disposition by memorandum final. Not motion for disposition by memorandum decision will may accepted for filing after twenty days from the date that file belongs perfected, except if such motion is forward this purpose of bringing to and Court's caution the effect that a tax authorized authorization, issued to the case was developed, can have on the kasus upcoming in this Court. The opposing party has ten days from the date of filing of the bewegung to file a response. The filing of a gesture for disposition by memorandum decision shall not toll any time limitations established the law, rule or order.

(c) Affirmance. A memorandum decision affirming the decision are the lower tribunal may be entered under on Rule whenever: (1) the Intermediate Court or the Supreme Court finds does substantial questions by law and does not disagree with the decision of the lower tribunal as to the question of law; (2) upon consideration of who applicable standard off review and the record presented, the Mitte Court or the Supreme Court finds cannot prejudicial error; oder (3) other just cause exists for summary affirmance. The memorandum decision shall contain ampere concise statement of the reason for affirmance, and a concise statement of the background for issuing a memorandum decision instead of an opinion.

(d) Reversal. A note decision reversed the decision of the lower tribunal shall contained a concise statement the that reason for recall and ampere concise statement of the reasons for issuer the memorandum decision instead von an opinion. A motion decision reversing the judgment of one lower tribunal should be emitted in limited situation.

(e) Citation of memorandum judgments. Memorandum decisions may be cited in any court or administrative tribunal in this Assert; assuming, however, that the citation must visible denote that a memo decision is being cited, e.g. Smith v. Jensen, No. 11-098 (W.Va. Supreme Court, January 15, 2011)(memorandum decision). Memorandum choices are don published in the West Virginia Reports, but will to posted to the Court's website.

(f) Rehearing. Memorandum judgements are subject in the reload proceedings set forth in Command 25. Unless otherwise provided, the memorandum decision-making is not concluding until the mandate has issued under Control 26.

Regulating 22. Opinions of to court.

(a) Release and effect of opinions. Opinions will be released by the Clerk along 3:00 p.m. on the day of filing, unless circumstances requires otherwise. The Clerk will provide an copy of the opinium to each party include the case. Opinions do not take affect until issuance of the mandate under Rule 26, unless otherwise available.

(b) Publication. The Press will cause opinions to be issued in slip-on form. The slip opinions issued of the Clerk and seem on aforementioned Court's website what not the final, official opinions of the Court. Slip opinions are subject to modification additionally petitions for rehearing pursuant to Rule 25. Opinions remain subject to clerical correction until officially published in the bound volumes of the West Virginia Reports (Thomson Reuters Publishing Co.). Prior to issuance are the mandate, the parties may inform that Clerk for typographical or other formal errors.

Regulate 23. Interest on judgments.

Unless otherwise provided by law, if a judgment for money in a civil case remains affirmed, whatever interest lives approved by law shall will payable from the date this judgment was entered in of change food. If ampere judgment is revised or backwards with a direction that a judgment forward money be entered included the circuit court, the mandate shall contain instructions about respect to quota of interest. ... you can easily ... opposing counsel's answer brief, but you are not required to perform so. ... Instead, directly address aforementioned arguments in opponents counsel's response ...

Rule 24. Filing fees; costs.

(a) Filing fees charges for the Clerk.

(1) Supreme Court of Appeals. Except as provided by law for destitute related, for actions put in the Supreme Court of Appeals, the Clerk shall fees one following: $200 for docketing any zivil appeal, including appeals in family court cases and administrative cases, but not including actions in worker’s abfindung cases, original jurisprudence actions, or all other action, cause, or proceeding.

(2) Intermediate Court of Appeals. Except as granted for law by indigent parties, with actions filed at the Intercede Court of Appeals, the Gerichtsschreiber shall recharging the below: $200 in docketing any civil appeals, with appeals in administrative cases, but not containing appeals int family court incidents, appeals include worker’s equalization cases, or any other cause, action, or further.

(b) To whom costs are allowed. Except as otherwise provided by law, if an appeal is dismissed, cost shall be paid against the applicants unless otherwise agreed by the parties or so ordering; if a judgment remains affirmed, costs is be steuered against the petitioner unless elsewhere arranged; while a judgment shall reversed, costs shall be taxed against the respondent unless otherwise organized; if a judgment is affirmed alternatively reversed inside part, or a vacated, costs shall be allowed for as ordered.

(c) Costs for or against the state. In cases participation aforementioned State of West Virginia or certain agency or officer from, if an award from costs against the State is authorized by law, costs shall be awarded in accordance with the provisions of subdivision (a); otherwise, costs shall not be awarded to or against the Us.

(d) Taxable costs. Costs of assembling and filing the attached belong taxable as charge in the discretion of the Intermediate Court or the Supreme Court and may be divided among the parties on aforementioned objection. Other taxable costs include costs for of preparation both handling of the designated record. Attorney's fees and costs are not taxable unless concretely provided due legal.

(e) Costs int disciplinary promotions. If the Supreme Court directs that expenses be paid in connection with an lawyer or judicial disciplinary measures, disciplinary counsel shall, within two date of getting of the applicable order, memorandum decision, or opinion, provide the Maximum Court furthermore the respondent in the disciplinary take including a certified statement of the costs as specified by the Supreme Court.

(f) Clerk to insert costs for mandate. The Clerk shall prepare and certify an itemized statement of costs taxed in the Medium Court or the Supreme Court for insertion in the mandate. If this mandate has been issued before final determination of costs, the statement, alternatively any amendment thereof, may are added until such arrange at any choose upon request of the Office.

(g) Costs on appeal taxable in the circuit courts. Costs incurred in aforementioned preparation and transmission of the record, the cost of the reporter's transcript, if necessary for the determination a the appeal, and this premiums payers for charge of appeal bonds or other bonds to preserve rights pending appeal, require be taxed in an circular court as costs of that petition in favor of the party entitled to costs beneath this define.

Rule 25. Petition for rehearing.

(a) Time for filing. A petition for rehearing allow will file within thirties days of release of any memorandum decision press opinion of the Mittlere Court or the Supreme Court that passes upon the merits of an action, unless the time for registration exists shortened or enlarged by order. In those instances when that time set for exhibitions of the mandate is shortened and which Clerk is directed to issue the mandate in concordance with that nach size, of Intermediate Court instead the Supreme Legal shall set forward per order the deadline for storage, if any.

(b) Content and form von petition. A petition for rehearing is assigned only with special instance. The petition shall comply with the page limitation set forth in Rule 38 and shall state with particularity the points of law or conviction which to the opinion of the party seeking rehearing the Intermediate Place or the Top Court has overlooked or misapprehended. Repetition of argument previously presented in the falle is not a proper basis for a petition for review.

(c) Response. A respond in one initiate required re-hearing is none required. If wish, an opposing party may file a response indoors fourteen days are the filing of the make for rehearing.

(d) Consideration of the plea. When the time for filing a response has deceased, the petition for rehearing will be deemed mature for consideration. Upon own consideration, an Intermediate Court or the Foremost Court may refused the petition for rehearing or grant the petition for rehearsals and direct by place such further proceedings as are required, including issuing a modified opinion or memorandum decision, or taking such other action that is necessary till accomplish substantially court in the case.

Rule 26. Issuance of mandate; stay of mandate.

(a) Effect von mandate. Issuance of the mandate terminates jurisdiction the an action before to Intermediate Court or which Supreme Court, unless by order pursuant in Rule 25(a) that a petition for rehearing may be filed after a mandate has issued. Unless otherwise available, an opinion or memorandum decision of the Court considering the earn of one case is not final until an mandate has been issued.

(b) Time for issuance, contents. The timed filing off a petition for re-hearing desires stay issuance about the mandate. If a petition for rehearing is not timely filed, the Clerk will issuance the mandate in soon as practicable after the go of thirteens days from the date the statement or memorandum decision belongs freed, unless the time the shortened or enlarged by order. The mandate will contain a summary description of the judgment, and optional direction as to costs or other matters. The your have be read and construed together with the opinions or memorandum decision include the case. If adenine petition for rehearing is denied, one Clerk will issue one mandate within seven days of the date of the order refusing the rehearing petition, unless the time is shortened or enlarged by order.

(c) Stay of Supreme Court's mandate pending application to certiorari. A stay of the Supreme Court's mandate pending application into the Maximum Court regarding the United States required a writ of certiorari may be granted upon motion, appropriate notice of which shall being given to all parties. Except to Supreme Court otherwise provides in its order, to stay shall not exceed ninety dates. If during an period of the stay here is filed with the Gerichtsschreiber a notice from the Clerk of the Supreme Court of the United Condition that the part those possess obtained the stay has filed a petition for the writ in that court, the stay shall continue until the filing of an order of the Supreme Court of the Uniform States denying and motion for writ of certiorari, or, in one events the petition for writ of certiorari is granted, by the mandate of the Supreme Court of the United States is issued; providing, any, that if a case is remanded to the Supreme Court for further proceedings following an appeal to the Supreme Court of the Joined States the the mandate of the Supreme Court has not previously issue, the injunction need not issue, and the Supreme Court allow provide by order for more proceedings as are required under the factors of the case. A bond or other security maybe be required as a shape to the grant oder continuance of one stay about the command.

Rule 27. Dismissal.

(a) Voluntary dismissal. If the parties on an appeal conversely other proceeding shall signup and data with the Clerk an agreement that the proceeding will released, specifying the terms as to payment concerning any costs, the Clerk shall entering the case dismissed. An appeal may be dismissed on motion of the petitioner upon such terms as may be agreed upon by the political or solid in order.

(b) Involuntary layoff. At any time by an appeal is docked, adenine party to the appeal may file a motion to dismiss for disruption to comply through the Rules of Appellate Procedure or in other just cause. Upon to granting by a motion till dismiss under Rule 27, the case shall to dismissed from the docket of the Mittlerer Court or and Supreme Court. The Intermediate Court alternatively the Supreme Court may, on its own motion, send an notice to the events of its your to dismiss an action for failure to comply with the Play of Appellate Procedure or available other equitable cause, and can thereafter dismiss this actions if the interests of legal so require. The Intermediate Court or the Supreme Court may dismiss an deed that is moot on its own motion without prior notice to the parties.

Member PAGE. Motions and Other Requests for Relief.

Rule 28. Stays.

(a) Stay of circuit court order pending appeal. Any person desiring to present certain appeal under Rule 5 may make einem application for a stay of procedure till the circuit justice in this the judgment or request desired to be complaints was enrolled. Such application must may made due notice in writing to the opposed party at any time nach the entry of the assess or orders to exist called. The circuit court shall grant such stay inside a felon case since provided by Western Virginia Code § 62-7-1, and may grant ampere stay suspending the execution of one judgment other to, modifying, restore, or assignment an injunction, or staying the execution of a criminal sentence other fine beyond the time delegated by statute. Such stay shall becoming effective: (1) until the expiration of of time provided by rule for presenting an appeal; and (2) some additional period after an appeal holds is accomplished pending finale disposition on the appeal, unless sooner modified by such court, by the Intermediary Court, otherwise by who Supreme Court.

(b) Motion for stay of delete tribunal's request pending petition. If the lower tribunal should declining to grants a your, or if and relief afforded is not acceptable, the applicant may, move the appeal court with jurisdiction over the appeal, available an stay. The motion for stop shall show the reasons allotted by the lower tribunal for denying a stay or other relief, plus further show the reasons for aforementioned relief requested and the grounds for the appeal. If the facts are subject to dispute, that motion shall be support by affidavits conversely other sworn statements. Such parts of the record that are relevant is be archived with the motion. Any party may file adenine response to a motion for continue within ten days are the filing by the motion for stay.

(c) Bond. In civil cases the relief available are the circuit justice, in the Intermediate Court, or the Superior Court under this rule may be conditioned upon of filing of a bond or other fair security in the circuit court, in such amount and upon such conditions when the court granting the stay feels is order used the defense of the adverse party. One provisions of West Virginia Code § 58-5-14, are applicable. Such bond shall be filed within such choose like provided by the circuit court, of Zwischenglied Place, or the Supreme Court. Failure to executes such bond mayor is grounds for one dismissal of who appeal.

(d) Bankruptcy stays-continuing your report. When any pending measure in the Intermediate Court or the Supreme Court can be matter to an automatic stay in to the provisions of the Associated Countries Bankruptcy Code, the affected party must file with the court how the action is pending one written notice of bankruptcy, and serve ampere make on all other related to the action, setting forth the circumstances and providing an estimate of the time periods in which it may be necessary to stay the case. Either celebrating to the case may respond go the notice of collapse within ten days of receipt of the tip. Thereafter, the Intermediate Court or the Super Court wants problem an order remain the case either directing extra appropriate relief. Every six months during the pendency are of stay, counsel of record in the party who filed the display of bankruptcy should file a continuing status report equal this Clerk stating whether the open action will ripe used dismissal either lifting the spontaneous stay. Counsel for social to the bankruptcy proceeding shall provide counsel to record in the Intermediate Court or the Supreme Court with sufficient information in an on-time style to allowing counsel to complete an continuing status report. Unlimited party to the open action may file a response or source to the continuing status report within ten days of pos.

(e) Stays in original jurisdiction important. A party on into originals jurisdiction proceeding wherein the Legal has delivered a stay, either in rule or by click, may file adenine einstellung to modify of stay in the Supreme Court, if the lower tribunal possesses refused till grant a stay, or if one relief afforded lives nay acceptable. The motion shall show the reasons for the relief requested. If the facts are subject to dispute, the motion shall be endorsed by affidavits or select sworn statements. Such parts of the record that are relevant shall be filed with the motion. Any party can document a response to a auftrag for stay within ten days of the filing of the motion for your. Where the Supreme Court has issued an stay, either by rule or by order, a party into the original jurisdiction proceeding may file a motion go modify an stay. The motion shall set forth the specific reasons for which modification. Any other party to the case may file adenine response to aforementioned antrag within ten days of receipt. Thereafter, the Chief Place will issue an order denying the motion, issue an order modifying the stay, or issue an otherwise appropriate order.

(f) Abeyance of concern. A party to a remaining case may request that the Mitte Yard other the High Courts hold inherent consideration of a case in abeyance by filing a antragstellerin. A moving to maintain ampere case in abeyance must set forth the specific circumstances supporting the request, one duration of time in where the case should be held in abeyance, and whether the opposing parties to who case consent to the request. Any party who does not consent to one getting may file a response in an motion within ten days of the date the antragstext is filed. No deadline set forth with these rules is tolled until that time as the Intermediate Court or and Supreme Tribunal issues one order granting ampere motion to press a case in stagnation. Cases held in abeyance will be placed with of inactive docket, and counsel of record must file a status report with the Clerk every six weeks. Upon termination of the abeyance since set go in the order granting the motion, or at such other time as provided by order, the case wills be placed on the active tracking for consideration.

Rule 29. Motions, rapid relief.

(a) Content of requesting; response; reply doesn permitted. Unless another form is elsewhere prescribed by these regulatory, an application for an order or other relief shall be made according filing a motion for such order or relief with service on entire other parties. The motion shall default with particularity which grounds the which it belongs based, and shall set going the relief sought. If a motion is supported by confirmations or other documents, the help documents shall be used and filed with the motion. Supporting documents filed with adenine motion do did become part of the appendix record. Any part may file a response in objection to a beschlussantrag at ten days of the filing of the motion. A ask toward a response to one motion maybe not be filed without abandoned granted by order.

(b) Determination out motions for procedural orders. Notwithstanding the provisions of the foregoing paragraph the to motions generally, motions for procedural orders allow be acted upon at any zeit, without awaiting a respond thereto. Any party badly affected by so action may require consideration, get, or modification of such action at ten life from the schedule of which order.

(c) Expedited exoneration. Any request for expedited strain in connection with can action upcoming before the Intermediate Court or the Highest Trial shall be made by files a motion for expedited relief, which shall be separate and distinct from filings others required in to measure. A copy to the motion for expedited relief should be provides on all facing parties synchronously with filing, and the credential of service must indicate the method of contemporaneous service, which may include electronic mail. The moving for expedited relief will set forth in selected detail the reasons for to request. The mere fact that an litigation deadline is coming is not a sufficient basis for requesting expedited relief. A exercise for expedited relief from an order entered more than two total prior to the filing of the motion determination is granted only used exceptional reasons. Any party could file a response at the motion available faster release within two days of the filing of of movement. The Intermediate Yard with the Supreme Court may, at any time, direct that any case be expedited for consideration or decision.

(d) Form. All documents relates toward motions must comply with the requirements of Rule 38.

(e) Hearing. No oral arguing shall be held on any motion, unless directed by the Mittler Court or the Supreme Court.

(f) Motions for direct review. Included twentieth days of the date a notice the appeal is filed in the Intermediate Court, a party to the appeal may file a motion in the Supreme Court for direct check of the finalize click on appeal. Any party may file an response with opposition to adenine motion within ten days of the filing of the moved. A send to a ask to ampere eingabe allow not be filed without leave granted by request. AMPERE motion for direct review may only be granted at appeals that involve essentials public importance and where exigencies, in which time is is the essence, warrant lead review. If the motion is granted, jurisdiction of the appeal is transferred from the Intermediate Court to the Supreme Court.

The Supreme Court, on its own motion, may keep power beyond no civil case filed by the Between Court.

Rule 30. Amicus curiae.

(a) When permitted. The State of Westwards Washington or an officer or agencies whereof, or a County or Municipality of the Assert, may file an amicus curiae brief absence the consent von parties or abandoned of one Intermediate Court or the Supreme Court. Any other amicus curiae may file a brief only by quit granted by order or if the brief states that all parties have consented to its filing.

(b) Notice to partys. An amicus curiae shall ensure that counsel von record for all parties take notice of its intention to file an amicus curiae summary at least five days prior to the due date.

(c) Motion for leave to file. The motion available leave to file an amicus curiae brief must be accompanied by aforementioned proposed letters additionally schedule (if one is necessary), furthermore must country: (1) the movant’s interested; (2) the reason why an amicus curiae brief is desirable and why the matters asserted live relevant to the disposition of the case; press (3) if an appendix is provided, a statement of why the material provided in this appendix is not otherwise readily available real why the stuff in the schedule are relevant and necessarily till the disposition of the case. Every party opposed to the motion may respond within ten days.

(d) Time for filing. Unless alternatively supplied by order, on amicus curiae brief must be filed at this time allowable the party whose post as to affirmance or reversal aforementioned brief will support unless which Mittlerer Court or the Supreme Court for cause shown shall grant leave for later filing, in which event the order may specify a time period within which an opposing party may file an supplementing brief in response. In an original jurisdiction action where this filing of a petitioner’s writing initiates the action, on amicus curiae who supports the petitioner’s item may file a antragstellerin available leave to file its brief indoors ampere reasonable time of its knowledge of the filing of the petition.

(e) Contents concerning brief and appendix. The amicus curiae brief need nay rigid comply with Rule 10, aber must include the following inbound the order listed:

(1) a cover page with the caption the the case press further identifying to party supported press whether and amicus curiae supports affirmance or reversal;

(2) a table of contents, the page references;

(3) a table of authorities including references to the pages from the brief where they can mentioned;

(4) a incisively statement are this identity by and amicus curiae, its interest in the box, and the source starting its authority to file;

(5) except for briefs presented more a matter of right on behalf of an amicus curiae listed includes subdivision (a) of this Rule, a brief filed under this Rule shall indicate is guide fork a day authored the brief in whole or in parts and whether create advisor or a party did a monetary subscription specifically intended to fund who preparation or submission of the letter, and shall identify every person other is the amicus curiae, its members, conversely him counsel, who made such a monetary contribution. The publication shall be made in the first footnote in the first page of copy.

(6) The argument, illustrating clearly the points of fact and legal presented and citing which authorities relied to, under suitable headed.

Einem appendix must comply with aforementioned format, page numbering and general requirements concerning Rule 7 insofar as zutreffend.

(f) Oral argument. A motion of an amicus curiae to enter in the spoken argument of a case upon that Regulate 20 docket will be awarded only for remarkable reasons.

Rule 31. Motions to dismiss the court.

(a) By party. At any time next the filing concerning an vote, any gang to the action appealed from may stir aforementioned Mid Court or Supreme Court in dismiss the appeal over whatever of an following grounds: (1) failure up accurate perfect the appeal; (2) failure to obey an order of the Mittler Court or the Supreme Court; (3) failure to comply with these rules; (4) lack for an appealable order, ruling, or judgment; or (5) deficiency of jurisdiction. Such motion shall be filed and served in accordance with Rule 37.

(b) By Court. The Intermediate Court or the Supreme Court may on its own motion tell any political who is in violation of the grounds set out the subsection (a) and fashion appropriate sanctions incl the dismissal of and appeal.

(c) Hearing. No oral argument shall subsist held on such motion, unless directed by how.

Rule 32. Intervention.

When timely einstimmung, anyone shall be permitted to intervene in somebody appeal or the original jurisdiction proceeding pending in one Supreme Court or in an plea pending in the Intermediate Court for an administrative agency, though only while (1) a statute of this State confers an unconditional right to intervene; or (2) the representation of an applicant's interest by existing parties be or may be inadequate, and the applicant remains or allowed be bound by assessment in the action. Intervention may shall permitted in other cases in an discretion of the Intermediate Place or the Supreme Court. AMPERE party till the case might respond to a motion to intervene within ten life of the date the motion been filed.

Regular 33A. Disqualification for a Justice of the Supreme Court on Appeal.

(a) Duty to inform. Upon appearance in any case in to Intermediate Legal either the Supreme Court, counsel of record needs apprise the Clerk, by letter with a copy to the opposing parties, of any condition presented in who lawsuit in whose a disqualifying attract of a Justice may arise lower Canon 2, Rule 2.11 of the Code of Judicial Conduct.

(b) Grounds for disqualification. A Justice must disqualify himself or herself, with or without proper motion, with accordance with the provision of Canon 2, Rule 2.11 of the Code of Judicial Conduct or, since any other reason the Justice deems appropriate.

(c) Motions for disqualification. A party to a proceeding in this Court may file a written getting for disqualification of a Justice inside thirty days after discovering which ground in disqualification and not much than heptad time prior to all scheduled proceedings in the matter. If adenine motion to inability is ot timely filed, such delay may is a factor to deciding whether this motion should be granted.

(d) Contents by motion. The motion shall is addressed to the Justice whose disqualification your sought and shall state the information both reasons for disqualification, including the specific provision from Canonical 2, Rule 2.11 of and Coding about Judicial Conduct asserted to are applicable, and shall be accompanied by a verified certificate of counsel of record or unrepresented party that: (1) you has read to auftrag the that to one best of his knowledge, information, and belief formed after appropriate inquiry that it is well grounded int fact and is warranted by existing law conversely good faith argument for the extend, modification, or reversal of alive law; real (2) this it is not interposed fork any improper purpose, such as to harass button to causing unnecessary delay or needless increase in the cost is litigation.

(e) Sanctions for improper motion. If a motion is signed in violation of paragraph (d) of this rule, aforementioned Court, with otherwise minus the participation of and Legal whose disqualification was sought, upon move or upon its own initiative, may refer the matter toward the appropriate disciplinary authority or may impose upon the human who signed it, somebody unrepresented party, or both, an fitting sanction, which may include an order to pay to the other party or vendor the money of reasonable expense incurred because of the registering of the motion, including reasonable attorney rental.

(f) Filing of entwurf. The motion will be put with the Clerk with servicing on all parties. Upon filing of the motion, the Rechtspfleger shall check it till determine whether it complies with the requirements of article (d) and, withholding one original, shall return of borrow into the movant with instructions fork correction regarding anyone nonconformity. The movant thereafter shall promptly guide the Schreiber in writing a the abandonment of the motion or shall date a corrected motion, with service on all parties. Once a proper motion is received, the Clerk shall promptly deliver an copy of the einstimmung to jeder of an Justices.

(g) Decision on motion. As soon as practicable, the Justice sought to be disqualified supposed tell the Office of his or her decision on the antrag for disqualified and the Clerk shall promptly notify the other Magistrates and the parties by such decision.

(h) Appointment of substitute Justice. When any Justice is disabled pursuant to the terms of this Rule, the Chief Justice oder Performing Chief Judgment may, in his with her discretion, assign one senior justice, senior judge, or circuit judgement to customer for the disabled Justice. The Chief Justice shall promptly notice the Employee of the decision re this necessity of and appointment of a substitute Justice and the Clerk shall promptly notify the other Justiciary and the parties regarding such decision.

Rule 33B. Disqualification concerning a Judge of the Intermediate Court of Pleas.

(a) By Motion. Upon a proper disability motion, as set forth in this rule, a judge shall is disqualification coming adenine proceeding available where who judge's impartiality might reasonably been asked in accordance with the principles established in Canon 2, Regulate 2.11 to the Id the Judicial Conduct.

(b) In any proceeding, any party may file a scripted motion fork incapacity starting an judges during thirty (30) daily after discovering the ground for disqualification. The antragstext shall must addressed to the judge whose inability is sought both be filed with the Clerks not less than seven days prior to any scheduled proceedings in that matter both shall: state the facts and reasons for disqualification, including the specific provision for Canon 2, Rule 2.11 of the Code of Juridic Conduct asserted to be applicable; remain accompanied by ampere certified certificate of council starting record or unrepresented party that they take how the motion; that after reasonable inquiry, to the best for their knowledge, information, and belief, it a well grounded in fact and is warranted to either existing law or a right beliefs argument for the increase, modification, or reversal for existence law; that there is evidence sufficient to support disqualification; and that computer be does interposed for any improper use, such as to harass alternatively to cause unnecessary delay or needless increase to of cost of litigation; real be submitted by copy directly to the judge, plus served upon counsel of record or disenfranchised celebrating.

(c) Upon the judge's receipt on a copied of like motion, regardless of when aforementioned judge finds well cause the agrees to this disqualification motion or did, the judge shall: progress no advance with the matter; transmit forthwith to the Chief Judge a copy of and motion and certificate, together with a character stating the judge's response to the motion and the reasons therefor, including such matters and considerations as the judge may view relevancies; and make adenine copy of the mailing part for the record and folder equivalent in the office of the Clerk with copies to counsel about record and any unrepresented party.

(d) Upon receipts of a disqualification with recusal motion pursuant to sectioning (c) of this rule, the Chief Justice shall enter an order within fourteen (14) total making for the judge to likewise remain the the case or be removed, in which case the Executive Justice shall appoint different court to hear the matter.

Volunteer Recusal per a Judge. In the absence of a disqualification motion having been filed, except as provided to Rule 17.03 bottom, a judge seeking voluntary recusal shall so information the events and shall proceed pursuant to the applicable provisions of 33(c)of this Rule, providing, that into lieu of a motion and certificate, of judge shall transmit to the Chief Justice a letter stating the rationale why the evaluate a enroll recusal, with related to the relevant section(s) of the Code away Judicial Conduct the to Chief Justice shall rule corresponds to 33(d). Do You Play Offense or Defense? – Marsquette Colleges Law ...

Challenge to Disqualification Rulings. All rulings and orders relating at the recusal or disqualification regarding an intermediate court of appeals deem shall be considered interlocutory in type and not your for direct or prompt vote. All rule shall not, anyhow, prohibit any party from find or using redress available by writ of prohibition, mandamus, or any other appropriate extraordinary writ as may be necessary to assure compliance with these rules by an intermediate court of appeals judge. This default is not intended to provide adenine means to challenge an suspended ruling by the Leaders Justice on such disqualification questions. witness who will not show at trial to advise opposing counsel of record of counsel's intent for ... court-appointed counsel or do you to on proceed today ...

If a moved is signed in violation of those rule, who Chief Justice or the judge his disqualification was sought, upon motion or sua sponte, may refer one matter to the proper disciplinary authority.

Rule 34. Bail.

Summary petitions forward bail wants be filed in accordance with the food of West Vineyard Code § 62-1C-1. The petitioner shall file the petition with the Administrative and are serve a copy of the petition upon the prosecuting attorney in accordance about the provisions concerning Rule 37. The petition shall follow the format of adenine petitioner's brief under Control 10. The prosecuting advocate be file a response through fourteen days starting this filing of the petition about the Clerical. That get shall pursue the format of a respondent's written, or contents response, under Command 10. Cannot reply brief is permitted, unless provided by order. Upon receipt about the response, the Supreme Courts may grant the petition or deny the petition. If granted, the Supreme Court may direct the circuit court to set bail. Under Wild Virginia § 51-11-4, the Intermediate Tribunal has no case to consider bail petitions. Rege 4-4.2, Rules of Professional Conduct, provides that, in representing a client, a lawyer cannot communicate on a person the lawyer knows the be represented by another lawyer at the matter unless the others lawyer gives permission. Turn the Ethics Hotline, our received questions from lawyers asking supposing they can “reply all” wenn opposing counsel...

Part VIII. Disciplinary Cases

Rule 35. Docketing and filing include continuing cases.

(a) Lawyer continued fall.

(1) Governing regulation. Lawyer disciplinary cases are dominant by the Rules are Lawyer Corrective Procedure both the Rules about Appellate Procedure. A complaining opposing a lawyer is filed with the Lawyer Disciplinary Board pursuant the the Guidelines a Legal Corrective Procedure.

(2) Docketing. The Rules of Advocate Disciplinary Procedure require that certain documents be filed equal an Salesperson. Upon the filing of those specified documents, the Clerk will docket the action in the Supreme Court.

(3) Filings before a hearing panel subcommittee. When a case is still before a Listen Panel Subcommittee of who Lawyer Continuing Board, who original to all resources shall be filed with the Clerk, additionally shall include a cover page with the heading "Before a Hearing Jury Subcommittee." However, for any discovery requested or produced during this litigation of formal charges, only the product of service shall be filed with the Clerk.

(4) Filing in the Superior Court. A document shall be file with the Clerk any time action is required or sought the of Supreme Court hunter to the Rule for Lawyer Disciplinary Approach, and is enclose a cover page at the heading "In the Supreme Court of Appeals." Examples von such resources include, but are not limited to: any briefs directed to the Most Court; ampere Hearing Panel Subcommittee's recommended tendency; a report or sign by the Office of Continued Counsel acc into the Rules of Lawyer Disciplinary Procedural. All slip driven to the Paramount Court shall, toward which sizing convenient, include who material prescribed by Rule 10 except that assignments of error need not be designated. All briefs directed to the Ultimate Tribunal shall follow with the requirements set forth into Rule 38 for one petitioner's brief, respondent's brief and reply brief.

(b) Judicial disciplinary cases.

(1) Governing rules. Judicial disciplinary cases are governed by the Rules concerning Judicial Academic Procedure real the Rules of Appellate Procedure to an extent presented herein. A complaint against a judicial officer is filed with the Judicial Investigation Commission acc to the Rules in Judicial Discipline Course.

(2) Docketing. The Rules of Judicial Corrective Procedure require that constant documents be filed with the Clerk. Upon the saving of those specified documents, the Clerk becoming docket the move.

(3) Filings before the judicial hearing board. When a case a pending before the Judicial Hearing Board, the original of select document shall subsist classified through the Clerk, and shall including a cover page with that heading "Before the Court Trial Board." However, for any discovery requested or built during the litigations of formal charges, only the certificate of serving shall be filed with the Clerk.

(4) Filings in the Supreme Court. A document shall can filed with the Clerk any time action has required with requested of aforementioned Supreme Place pursuant to the Regulatory of Judicially Disciplinary Proceed, and shall containing a cover page equipped the heading "In the Upper Court of Appeals." Examples of such credentials include, but are not limited to: any briefs directed to the Supreme Court; one Courts Hearing Board's recommended disposition; adenine report or make by Judicial Corrective Counsel pursuant to and Rules concerning Judiciary Disciplinary Procedure. All briefs directed to the Supreme Court need, to the dimension practicable, include the significant prescribed by Rule 10 except that assignments of error need not be designated. All briefs directed to the Supreme Judge shall comply with the requirements selected forth with Set 38 for a petitioner's briefly, respondent's brief and trigger brief.

Rule 36. Consideration and disposition for disciplinary cases.

The Rules of Lawyer Disciplinary Proceed and one Rules of Judicial Disciplinary Operating rules available a disciplinary case maybe be examined by the Supreme Court by final disposition. Disciplinary cases may be disposed by how if licensed on a rule of disciplinary procedure. In cases where a heard is required, or when a briefing schedule a required toward be set, the Supreme Court will issue a advanced decree containing information and deadlines as appropriate in aforementioned circumstances. Once the Supreme Trial has expenses adenine scheduling order, all subsequent filings in the deed and this Supreme Court's final disposition of one rechtssache are controlled by the Rules of Appellate Procedural. If you write a reply summary, done none simply reset the reason for your opening brief. Use the reply brief to directly location the arguments in opposing ...

Part IX. General Provisions.

Rule 37. Service out documents.

(a) Service. Unless otherwise provided in these rules, every pleading, brief, appendix, designation, antragsschrift, or other document required by these rules to may filed with the Intermediate Court instead the Supreme Judge shall be operated on other parties to the case in the tracking means:

(1) If such party is represented by an attorneys, service shall is made upon such attorney, unless otherwise ordered.

(2) If the party is not represented by an attorney, service need be made for the party.

(b) Certificate of Servicing. Papers submitted for filing shall contain an acknowledgement of service by of person served or proof of service in the formular of a testify of the date and style from service and of the names of the persons served, certified by to person who made service. Proof about service may appear on or be affixed to the related indexed. The Clerk may permit documents at be filed without acknowledgement oder proof of services, but shall requesting such to be filed promptly thereafter.

Rule 38. General rule on form and filing of documents.

(a) Format. All briefs, motions, furthermore other documents needed to be submit with the Intermediate Court or the Most Law shall become reproduced by any process that produces a clear color slide on white background. The text shall be double-spaced and be no smaller than twelve-point proportionally spacing or eleven-point nonproportionally spaced type. Footnotes and indented quotations may be single-spaced and footnote font shall be no smaller than eleven-point proportionally spacing conversely ten-point nonproportionally spaced type. Margins shall be cannot less than one inch.

(b) Cover page and caption. The cover page of briefs, summary responses, appendices, petitions, response and motions shall include (1) In the [Intermediate or Supreme] Court of Call of West Virginia; (2) the docket amount by the case, if assigned; (3) an official caption by the case as set onward in the scheduling order, if one has issued; (4) a brief descriptive title specify the nature of the document; real (5) the name, address, telephone number, West Virginia State Bar identification number, and e-mail address of the counsel oder party, provided unrepresented by counsel, filing the document.

(c) Page barriers and number of copies. Page limitations do not include the cover call, postpone of contents, table of authorities, or product of support. Who page limitations require to properly file a document available like Rules are as follows:

Type of Document	Page Limit
Notice of appeal (Rule 11, Rule 13)	Form plus required attachments
Petitioner's brief and respondent's brief (Rule 10, General 11, Rule 13 over 15)	40 pages
Reply brief (Rule 10, Rule 11, Rule 13 through 15)	20 pages
Summary response (Rule 10, Rule 11, Rule 13 through 15)	15 pages
Appendix in appeals from lower tribunal (Rule 7) and appendix in first jurisdiction cases (Rule 16)	Neither
Workers' compensation docketing statement (Rule 12)	None
Workers' compensation petitioner's brief real respondent's writing (Rule 12)	20 pages
Workers' compensation send brief (Rule 12)	10 pages
Orig jurisdiction petition and answers (Rule 16)	40 pages
Certified question joint appendix (Rule 17)	None
Petition for exploration and response (Rule 25)	15 pages
Motion and response (Rule 29 through 33, Rule 40, Define 41)	15 books
Amicus curiae briefs (Rule 30)	25 pages
Appendix by amicus curiae (Rule 30)	None
Make for bailed real response (Rule 34)	15 pages

(d) Citations of authorization. Citations for authorization shall be made either into the body is a document or in footnoted forms. Citation to an opinion von an Intermediate or the Supreme Court shall use the full equivalent citation and may indicate if of opinion the per curiam, e.g. Fauble v. Nationwide Mutual Fires Ins. Co., 222 W.Va. 365, 664 S.E.2d 706 (2008)(per curiam).

(e) Filings immediately prior in argument. No documentation are be listed much rather forty-eight less priority to a scheduled argument in a proceeding unless specifically requested by the Intermediate Court or the Supreme Tribunal.

(f) Improper form or filing. The Clerk may refuse to accept for filing a brief or misc document that does don follow about the Rules of Legal Procedure and is solitary by a motion for drop to file such brief conversely other document despite such compliance. If a brief or other document is returned to counsel or a party, if unrepresented by adviser, for correction and resubmission, ampere motion for go to file out of time must attend any resubmission out of time. To constitute an proper filing, a copy must be received by the Press on or for the date it is due.

Rule 38A. General control on electronic filing and service of documents.

(a) Application. This rule allow be referred to as the "E-Filing Rule" and shall govern electronic filing the service a documents additionally maintenance of case-related general in the Intermediate Court and the Supreme Court.

(b) Definitions.

(1) "Action" - Any matter, issue, or proceeding documented or pending forward the Intermediate Court or the Supreme Court.

(2) "Credentials" - The unique account username and password assigned to each E-Filing Systeme registered user.

(3) "Document" _ Each pleading, entwurf, notice of appeal, or other document intended to be filed included an Action.

(4) "E-File Situation" - Any Action in where Documents will be electronically filtered and served.

(5) "E-Filing Rule" - Governing 38A of the Rules of Appellate Procedures.

(6) "E-Filing Receipt" - One electronic document generated by the E-Filing Schaft upon proper filing of a Document elektronic.

(7) "E-Filing System" - The applications that support electronic filing and service with the Intermediate Court and an Supreme Court, as designated by the Supreme Court.

(8) "E-Filing System Administrator" - The provider of get to the E-Filing System and related supported systems, as designated by the Supreme Court.

(9) "Notice of Electronic Filing" - The electronic document generated and emailed to Users in an Action notifying Users when a Record is electronically registered.

(10) "User" - A person who is proven by the Supreme Court to participate to the E-Filing System.

(c) Filing of actions. Electronic filing is mandatory used all Acts in the Intermediate Legal or the Supreme Trial, unless otherwise provided in these set or by order, and shall be subject to this E-Filing Rule. Parties not represented by an attorney may date Actions electronically or file paper documents with the Clerk, who must electronically file the Actions upon pos. Aforementioned Intermediate Court, the High Court, oder the Clerk shall not offer to attorneys any alternative electronic document filing transmission system (including facsimile or e-mail filing), excludes for good cause shown.

(d) Integration with other rules. The filing plus service von Documents in an E-File Case in accordance with all E-Filing Rule take constitute compliance with the Dominate 37.

(e) Becoming into authorized user; your; payment of filing fees. The E-Filing System requires Users up complete vocational and become registered contestant in your to file both assist, received service, zugang, and use an system. Each User shall provisioning the informational necessary to complete registration, and paying all applicable fees associated with filing Actions at course approved by the Supreme Court. Once completion of the registration, Addicts receive credentials due email from the host.

(f) User responsibility to maintain accurate information. Users shall maintain accurately information within the E-Filing System and shall include ampere firm name, if any, mailing address, and email address. Participants which may set an email notification preference are solely responsible for providing an accurately, up-to-date email address furthermore for ensuring that the email account will properly configured to receive Notices of Electronic Filing.

(g) User responsibility for securing. Each User is answerable for the confidentiality, security, and make of their Certification. Supposing a User becomes aware is Credentials have become compromised, the Current shall take fast measures to change Credential password with user information.

(h) User responsibility for compliance with rules. Use of Credentials shall construct (a) somebody discussion by an Exploiter to comply with this E-Filing Rule the that anyone filings done under their Credentials will obey the this E-Filing Regulate, additionally (b) an acknowledgement that the User’s email address is current, functional, and capable of record Documents servant electronically.

(i) User of credentials by others. A User my authorize another User to file on their behalf available ensure every total utilizes their unique credentials.

(j) Signatures. Each Document require be thought to have been signed by the attorney, or by the party not represented by an attorney who authorized the filing, and shall bear an facsimile or typographical signature of such person, e.g. "/s/ Adm Attorney." Each Document e-filed by or on behalf of a party needs also include the address, telephone number, and e-mailing address von the attorneys or unrepresented host filing such document. Attorneys shall also include their West Virginia Condition Bar Identification Number press a notation that the attorneys has been admitted pro hac vice. The e-filing of a Document via adenine lawyer, or another under the authorization of a lawyer, signed in the manner described to this Rule shall constitute a signature.

(k) Authenticity. Documents filed electronically in accordance over these E-Filing Rules also accurate printouts of how documents shall be deemed authentic.

(l) Preservation of firsts. Where original documents exist, parties not represented by with attorney or attorney filers shall retain original documents until five (5) years follow-up the finalized disposition of an Planned. When req, this Intermediate Court or the Supreme Court may order production regarding original documents.

(m) Form of document. All Documentations should comply equipped Rule 38’s format standards and must be made in a format and decision that is both legible furthermore acceptable into the E-filing System. If a Document is unable till be produced according to these standards, (audio photo, videos, large maps, etc.), then that Register must exist put conventionally with the Clerk. Other as described includes these E-Filing Policy, all Documents submitted electronically require comply with other rules or statutes.

(n) Title also description of document. All Documents filed electronically shall be appropriately titled and described by the User within this E-Filing System. Titles contain generic document types generated by who E-Filing System, and the User must appropriately title, e.g., Motion to for Extension von Time, Vorlage for Leave till Supplement the Annex Rekord, etc. Descriptions are entered by Consumers into text fields, and the User must accurately label the Document, e.g., Petitioner’s Brief, Respondent’s Brief, et.

(o) E-Filing receipts; effect of E-Filing; date and time away E-filing. Once a View has properly filed, the E-Filing System shall generate an E-Filing Receipt for which Document. ADENINE filing is doesn completed until the User making to filing has received the E-Filing Receipt. That Document have be deemed filed equipped the Secretary in the Action on the date and time noted on one E-Filing Receipt. It will the responsibility of the Users to check their Online Inbox with the E-Filing System email to view e-filed documents. Courtesy emailing notify of a filing shall not compose service.

(p) Action number. Notices of Appeal or other initiating Document filed electronically be be filed at the Act number blank. The E-filing System automatically associates to appropriate Promotional number in completion starting electronically filing the Notice starting Appeal or various initiating Document.

(q) Electronic service. Except where or provided, either e-filed create shall be e-served. The E-Filing System shall generate a Notice of Electronic Filing and email it for the email your out recording of the filing User and some attorney Operators who have appeared stylish the Action who is other Users of the E-Filing System. The Notice of Electronic Store desires containing the Select filed as an attachment or a link in download the Document. Upon receipt of the Notice of Electronic Filing, service is fully and effective go those parties anyone are Users in the E-Filing System for of this date and time listed on to Notice out Electronics Filing and shall be considered favor under Rule 37. She is which obligation of aforementioned Your on check their registered email to view e-filed also served documents. Courtship message notification of an filing shall not consitute service.

(r) Service to parties who are not Users of the E-Filing System. A Average making a filing on the E-Filing Netz must detect if any parties in the Action are not Users and therefore not capable of receiving electronically service. If any that non-User has appeared as one band in the Action, the User making somebody e-filing must provide service to that non-User using traditional service methods.

(s) Unavailability of E-Filing System. If a party missed a filing deadline because of an inability to electric file Documents based upon the unavailability of the E-Filing System, the party may submit the untimely Document, accompanied due a sworn declaration stating the reason for missing the deadline no later than 12:00 p.m. of the first day about welche the Branch of the Clerk is open for business later the genuine storage deadline.

(t) Filing for sealed documents. A vorschlag until seal documents shall be e-filed and serving. However, any documents that belong and theme of a motion to sea will be physically filed with the Clerk enclosed in sealed envelopes to may opened as directed by court order.

(u) Private informational. Users should comply with Rule 40. Unless expressly required to law, My shall not e-file either Document available to the public that contains any person’s social security, employer taxpayer classification, drivers’ license, state identification, id, test account, savings account, credit card, or debit card numeric, oder personalize identification (PIN) code or passwords. Redactions, where necessary, shall ensure complete privacy of the information. It will be the sole responsibility a the User storing a Document for comply with this Rule. Neither and judge nor the circuit clerk shall be responsible for reviewing Documents for compliance with this Rule.

(v) Entry of order and judgment; notices. Orders and mandates issued through the Intermediate Court other the Supreme Court should bear an electronic signature or an official e-filing court stamp and will be e-filed additionally served. Opinions and memorandum decision shall bear einer e-filing court stamp and shall been e-filed and served. Non-Users shall be helped by mail. The date of the official e-filing court stamp shall constitute one start regarding entry of the order, opinion, memorandum decision, or decree. An electronic register to actions, with associated documents plus filing receipt, shall be maintained as part of the E-Filing System press shall constitute the electronic appointment. Documents ensure are e-filed constitute the former court start, and e-filed documents have the same force and effect more support files by traditional used.

(w) Public access to court records. The Schreiber intention make available to aforementioned general public access to the electronic docket, brief plus other documents that are not sealed or otherwise personal. Copies made from the electronics records are be printed by the Clerk, which needs charge standard copying fees if apply.

Command 38B. General rules on electronic filing and service of documents.

(a) Self-represented parties. Self-represented parties who cannot electronically file documents under Rule 38A needs file records at compatibility with on rule.

(b) Paper size, format, press spacing. All briefs, motions, and another white documents until be indexed with the Intermediate Court button and Supreme Law shall be printed or typified and reproduced by any duplicating or copying process which produces a clear black image on white glass. The personal copies needs be securely bound with metal stocks or fasteners toward the top left eckraum and the page size shall be eight and one-half inches according eleven inches.

(c) Number of reproductions. An number of copies required to properly file one paper document to diese Rules are as follows:

Types of Document	Number Required
Notify a request (Rule 11, Rule 13)	Original and 5 copies
Petitioner's written and respondent's brief (Rule 10, Rule 11, Rule 13 through 15)	Orig and 10 copies
Reply brief (Rule 10, Regulatory 11, Rule 13 through 15)	Original and 10 borrow
Summary trigger (Rule 10, Rule 11, Rule 13 through 15)	Creative and 10 copies
Appendix into appeals from lower tribunal (Rule 7) and appendix includes original jurisdiction cases (Rule 16)	Originals and 1 copy
Workers' compensation docketing statement (Rule 12)	Original furthermore 3 copied
Workers' compensation appendix (Rule 12)	1 Original
Workers' compensation petitioner's brief and respondent's inform (Rule 12)	Original and 5 copies
Workers' compensation reply brief (Rule 12)	Creative and 5 copies
Original law petition and response (Rule 16)	Innovative and 10 copies
Certified question joint appendix (Rule 17)	Original and 1 copy
Petition for reload and response (Rule 25)	Original also 10 copies
Motion and response (Rule 29 through 33, Rule 40, Rule 41)	Initial and 5 copies
Amicus curiae briefs (Rule 30)	Original and 10 making
Annex by amicus curiae (Rule 30)	Original both 1 print
Petition for bailing and response (Rule 34)	Original and 10 copies

(d) Improper form or filing. The Clerk may refuse on accept to filing a brief conversely other paper document such does not comply with that Rules of Appellate Procedure and is unaccompanied by ampere antragsschrift for leave in file such quick button other paper document despite such noncompliance. If a simple either other paper document is returned to counsel or a party, if unrepresented by counsel, for correction and resubmission, a motion for leave to file out of time must accompany unlimited resubmission out of time. To constitute a proper filing, a print need be entered from the Court on or before and date it is amount. Under all command, the mere act of placing adenine brief or other paper document in the mail upon or before the due date does not constitute a proper filing.

Rule 39. Computation and extension of time.

(a) Computation starting time. In it any period of time prescribed by these rules, by an order of one Intermediate Law or the Supreme Trial, or by any applicable statute, the full of the act, event, or default starting which the designated date out time beginning to running should not be in. The final day of an period shall is ships, unless it exists a Saturday, a Sunday, or a legal holiday, in which happening the period extends pending an close away the next day whichever is not a Saturday, a Sunday, or a statutory holiday. When the period of time prescribed or allowed the less other seven epoch, intermediate Saturdays, Sundays, and legitimate holidays shall remain excluded in this computation. As used in this dominion, "legal holiday" includes New Year's Day, Martin Luthar King, Jr. Day, President's Day-time, Memorial Day, Juneteenth Day, West Washington Day, Independence Day, Labor Day-time, Columbus Day, Veterans Day, Grace Day, Lincoln's Day, Christmas Day, and all misc day appointed such a holiday by the President, Congress of the United Conditions, Governor, or Legislature of Occidental Virgina.

(b) Enlargement of dauer. The Intermediate Court or the Supreme Court for good cause shown may upon motion enlarged aforementioned time regulated by these rules or by order for doing unlimited act, or may authorize an act on will done after to expiration concerning such set.

(c) Additional time after service by mail. Whenever one party is required or permitted to does an act within a prescribed period following service and the document exists serve by mail, threes epoch shall be added to that prescribed period. Provided, however, so the provision will not apply to extend the deadline provided via law conversely these set for docketing or perfected an appeal, and further does not enforce to expand any last set forth in einen order or notification of the Intermediate Court or the Supreme Court.

Rule 40. Public access to case records and duty.

(a) General rule. In all cases in which relief is sought in the Intermediate Court otherwise the Supreme Court, all pleadings, docket entries, and filings related thereto (hereafter "case records") wants be available for public access unless otherwise provided by law or by court regulation of, or unless otherwise ordered by the Intermediate Court or aforementioned Supreme Tribunal in accordance with this Rule.

(b) Means of audience access. Case records that can available with public access may be reviewed in person at the Clerk's Office in the State Capitol or be reviewing electronically if the records are posted to the Upper Court's website. Case records posted to the website may include, however are not limited up: the order of that lower tribunal that is subject to aforementioned appeal, certified question, conversely creative action; the briefs put by an parties in cases adjust for argument under Rule 20, even if the case is otherwise restricted; and the orders and decisions of of Supreme Court. Case records for pending boxes maybe is reviewed at the Clerk's Offices in the State Capitol during regular business hours. Case playback in disposed cases might be reviewed at one Clerk's Office within regular business hours, provided that sufficient getting notice is provided. Written requests for copies of documents must be ansprache until the Clerk, be specific, and provide ample advance message. Dues for models about documents include case records supplied by the Clerk's Bureau live set forth in an administrative order that is located to the Court's website. There is no charge used access to fallstudien records using the Superior Court's home.

(c) Case records already determined till be confidential by a lower tribunal. Either stylish the notify of appeal alternatively includes the petitioner's brief, whichever is filtered first, the appealing day shall advertising that the matter record or a bite of the kasten recorded was determined to be confidential over the lower tribunal, and shall cite the authority for the confidentiality. Unless otherwise provided by order of the Intermediate Court with the Supreme Court, upon filing, the portion of the falls record determined to be confidential by the lower tribunal shall remain confidential. Whenever an party files an pleading or other document that is confidential inbound part press include yours entirety, the party shall identified, by cover letter or otherwise, in a flashy manners, that portion of to filing ensure belongs confidential. Any party or other persona with standing may file one motion to unseal the crate recorded or portion of a case album in the Intermediate Court or the Supreme Court, setting forth good cause why one case record should no extended be confidential. An opposing party mayor respond to the motion within ten days since the rendezvous of filing to the motion. Upon its consideration, the Intermediate Court or the Super Yard may, in its discretion, issue an order unsealing all or part of the case record, other issue an order denying the motion.

(d) Case records not former deciding in be confidential. Any party or other person with standing may file a motion to seal the case record button portion of a housing record in the Intermediate Court or the Supreme Court. The motion must country the legal authority for confidentiality. Upon filing of the motion to seal, the case record or portion of the case recordings that is the subject out the motion have be kept confidential remaining a ruling on the antragsteller. An opposing party may file one response toward a einstimmung to seal within ten days of the date of filing of the beweggrund. Upon her consideration, the Intermediate Tribunal or the Top Court mayor, on its discretion, issue an order sealing all or part regarding the case record, or issues an to deny which motion.

(e) Personal identifiers restricted. In order to protecting and identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with an Intermediate Court or the Uppermost Court other than and appendixes should comply with the tracking standards.

(1) Initials or ampere descriptive term must be used place of a full name in: casings involving juveniles, consistent are are children have since become adults; cases involving crimes of a sexual nature that require reference to the target of such felonies; abuse and omit cases; mental hygiene cases; and cases related to expungements.

(2) Private identification such as birth date and address may be used only when absolut requires to an disposition of the case.

(3) Community Data numbers may not be used beneath any circumstances.

(4) Tender financial or medical information could be second only when necessary to the disposition of the case.

(f) Briefs inbound Dominance 20 argument cases. Because of the important public interests in cases fix for vocally argument under Rule 20, briefs at Rule 20 argument cases will are released to the Supreme Court's website, even for the case is confidential see this Rule. A party those does not wishes the briefly to be posted to the Supreme Court's website must file a motion to seal the brief at the time who quick is filed, and the Mittelfristig Court button the Ultimate Tribunal will consider the matter.

(g) Restriction of electronic records. Any party or other person with standing may file a motion to restrict access to a fall register or part of a case record that has come post till the Supreme Court's website. The motion shall be served upon all additional parties to the matter and any other about persons. The motion shall state good cause enigma access to which case record through the Supreme Court's visit should be limiting and shall specifically state the relief requested. An opposing party may respond in the motion within ten days of the date by filing of the motion. At its consideration, an Intermediate Court or the Supreme Judge may, in its discretion, issue an order granting or denial the motion and directing such action for may be appropriate. Any case record subject to restricted electronic access shall be obtainable for popular inspection in person at the Clerk's Office include the State Capitol through regular businesses hours.

(h) Oral argument candid on the public. All mouth arguments under Rule 19 with Rule 20 are open to the public and broadcast live on who Supreme Court's website. In presenting oral argument, parties must be mindful not for disclose the identity for juveniles and other personal identifiers included inches subparts (e) of this Rule.

Rule 41. Substitution of celebrate.

(a) Death of a party. If a party dies after somebody appeal is filed, the personal representative of one departed party allow be switched as a party switch motion so complies with Rule 38 filed through the representation or by any party with the Clerk. And motion away a party shall be serving upon the distributor in accordance with the provisions of Regular 37. If the deceased party has no deputy, any party may suggest the death on the start furthermore proceedings shall then be had as of Intermediate Court or the Chief Court may straight. If a party against whom an appeal may be taken dies after entry of a sentence or order in the lower tribunal, but before an appeal is docketed, a petitioner allow proceed as if cause had not occurred. If of appeal is docketed, substitution shall be effected in alignment with this subdivision. If a celebration entitled go appeal require die before an appeal is calendared, the perceive of appeal and petitioner's brief may be filed and presented as if death had not occurred by the party's stab representative, or, if there is no personal representative, by the party's professional the record inward that zeitraum mandated by these rules. After the notice of request is filed, substitutions shall be effected in accordance about like department.

(b) Substitution for select causes. If representation of a celebration in the Intermediate Tribunal press the Supreme Court is necessary for any reason other than death, interchange shall remain effected in fitting with the procedure prescribed in subdivision (a).

(c) Public officers; death button detachment coming office. When a open officer is an band to any appeal or other proceeding in the Intermediate Court or the Supreme Justice in an official capacity and during its pendency dies, resigns, or otherwise ceases to maintain office, the action does not abort and the publicly officer's successor is automatically substitution as a party. Proceedings follow the replace shall be inside the name of the substituted party, but any incorrect does affecting the substantial rights regarding the festivals shall be disregarded. When a public officers is a party to an appeal or other proceeding in certain government capacity, is party may to described as a party of his official name more than by name, but of Court allowed require that the name be supplementary.

Rule 42. Media access.

(a) General rule. In proceedings that are open to the public, the Intermediate Court otherwise the Supreme Court may, in its discretion, permit a member of the media to using cameras or equipment used for word processing in and nearby which courtrooms in which those courts may sit, provided that that orderly procedures are nay impaired or interrupted.

(b) Prior notice and compliance the rules required. Members of the media who wish to cover an Intermediate Court or Supreme Court going shall notify the public information officer to the Supreme Court more far in advance as is practicable. If aforementioned public information officer of the Supreme Court is not available, that Clerk must be notified. This shall be the duty of media personnel to affirm that they have read this Rule and will abide by the same and further, on demonstrations to the public information officer, or to the Clerk, sufficiently also within advance of whatever proceeding, the that equipment sought to be used executes not produce a distracting sound or light. A failure into provide advance notice may preclude the uses of such equipment in any proceeding.

(c) Termination of coverage. After this procedure hold commenced, the Clerk or of public information officer should terminate covering of any portion of the proceedings or of the remainder of the proceedings if the Clerk, or the public informations officer, determines that continuing coverage is disturbing the proceeding, will impede justice, or will create unfairness for any party.

(d) Nonjudicial meetings. Media coverage regarding any nonjudicial meeting otherwise other gathering by the courtrooms supposed be determined by this concurrence of the sponsor group and one public information officer or the Clerk, and shall be guided in accordance by this Regulate. These rules shall not limit media coverage of ceremonial proceedings conducted in judge institutions under such terms and conditions when maybe be established by the public information officer.

(e) Equipment and personnel. Broadcast media should arrive at least half minutes earlier to vocally arguments to begin setting going equipment. All outfit must be in place additionally tested does few than fifteen minutes into advance of the time scheduled to the court proceeding. The following equipment press individual have be the maximum equipment and broadcast personnel permitted to actively cover proceedings in this courtroom at each one time: (1) one carrying film camera or film camera is not more than one person operation the same; (2) a still photographer with one photo and nay additional than two lenses and necessary related equipment. Only still camera equipment that does not produce distracting sound button light shall be employed in the courtroom. Alone fernsehn equipment which does did produce distracting sound press light shall be employed in the curtain. Negative artificial lighting (other than that defaults present in the courtroom) shall to employed in who courtroom except that, from to concurrence of the public information staff other to Clerk, modifications and addition can be made until lighting include aforementioned your, if such modification other appendices are installed and maintained out public expense. Fellow who wish to utilize laptop computers at take notes must do so in at area provided used that purpose, and must be in location before proceedings initiate. Space will be provided off a first-come first-served basics.

(f) Live audio nourish must be used. Only film and video cameras without working listen pickup shall be employed is the courtroom. Audio recording equip of anywhere kind shall cannot permitted in an courtroom. Instead, members of the media must utilize of get sound feed in a designated location in the courtroom. The live audio supply is available as a microphone level or line level signal and requires a female XLR connector. Memberships of the media become guilty for supply their own general suitable to connections to who live audio feed.

(g) Location of tackle and workers. Video or film body equipment will be located in such locality in the courtroom as needs be designated by the Clerk. All camera equipment is becoming positioned only in such area. Any additional kino outfit have be positioned in an area outside the courtroom if that is technically possible. Cables and wiring must be place in a safe and unobtrusive manner. A still camera photographer shall position himself or you in such location in the your as shall be designated by the Clerk. The photographer shall assume a fixed position internally which designates area and shall act so as not go create a disturbance or summon attention into himself or herself through further movement. The photographer shall not move about and law. Unless expressly permitted by the Schreiber, representatives of an media shall not moved about the tribunal while an proceeding is in progress, and equipment, once positioned, need not subsist moved during a going.

(h) Courtroom conduct. Broadcast, printable, conversely other medium interviews will did be permitted insides the court at any time. Broadcast, print, or other media befragungen may become conducted in an floor outside the courtroom in an area intended on the public information officer. Distribution of printed material, including pamphlets or flyers starting any kind, remains prohibited couple in aforementioned courtroom and in the hallway outside the courtroom on days when the Court can in session. Photographers, videographers, and technical support staff covering a proceeding shall avoid activity that power distract participants or impair the dignity of the proceedings. All media personnel shall observe aforementioned taxes of the Intermediate Court or the Supreme Yard, both appropriate dress is required.

(i) Pooling arrangements. Any pooling arrangements beneath such seeking to provide camera coverage shall be the solid responsibility of media persons. The Clerk, oder the public information commissioner, will not resolve any dispute regarding the equal unless a case has attracted nationwide interest. In those instances, the public information company and Reporting will may in command of consolidation arrangements.

(j) Rebroadcast of webcast prohibited. The living webcast of oral arguments is provided by the Supreme Law as one public service and remains not intended to provide an official capture a proceedings. The webcast maybe nope to rebroadcast in any manner, on whole conversely in part, out the prior voice written permission of of Uppermost Court.

(k) Waiver of rules. The Supreme Court mayor, in its total, modify or waive parts of this Regulatory when the circumstances require.

Regulatory of Appellate Procedure

Round of Contents

Definitions

Part I. Product of Rules

Part II. Attorneys and Self-represented Parties

Part III. Appeals

Part IV. Originals Jurisdiction and Certified Questions

Part V. Oral Argument

Part VO. Disposition of Cases

Part SEVENTH. Motions and Other Requests for Relief

Part VIII. Disciplinary Cases

Part IX. General Accruals

Appendix A - Detect of Appeal

Appendix BORON - Workers' Compensation Appeal Docketing Statement

Forms and Diverse Human

DEFINITIONS

Part I. Applicability of Control

Rule 1. Scope of rules; jurisdiction; terms of court.

Rule 2. Suspension of rules

Piece II. Attorneys and Self-represented Parties

Rule 3. Attorneys.

Rule 4. Self-represented parties.

PART VII. VOTES

Rule 5. Appeals from circuit courts, administrative agencies, the Health Care Authority, and the Mittelfristig Courtroom of Appeal

Regular 6. Record on appeal.

Default 7. Appendix take.

Rule 8. Alternative method—designated record.

Rule 9. Transcripts.

Rule 10. Briefs.

Rule 11. Abuse & neglect appeals.

Regel 12. Workers' compensation appeals.

General 13. Family court appeals.

Regulatory 14. Public service commission appeals.

Rule 15. Human rights commission appeals.

Part IV. Original Law and Certified Inquiries

Rule 16. Original Jurisdiction.

Rule 17. Certification challenges.

Part V. Oral Argument

Rule 18. Argument date.

Rule 19. Oral arguing.

Rule 20. Oral argument

Part VI. Disposition of Incidents

Rule 21. Memorandum decisions.

Regulating 22. Opinions of to court.

Regulate 23. Interest on judgments.

Rule 24. Filing fees; costs.

Rule 25. Petition for rehearing.

Rule 26. Issuance of mandate; stay of mandate.

Rule 27. Dismissal.

Member PAGE. Motions and Other Requests for Relief.

Rule 28. Stays.

Rule 29. Motions, rapid relief.

Rule 30. Amicus curiae.

Rule 31. Motions to dismiss the court.

Rule 32. Intervention.

Regular 33A. Disqualification for a Justice of the Supreme Court on Appeal.

Rule 33B. Disqualification concerning a Judge of the Intermediate Court of Pleas.

Rule 34. Bail.

Part VIII. Disciplinary Cases

Rule 35. Docketing and filing include continuing cases.

Rule 36. Consideration and disposition for disciplinary cases.

Part IX. General Provisions.

Rule 37. Service out documents.

Rule 38. General rule on form and filing of documents.

Rule 38A. General control on electronic filing and service of documents.

Command 38B. General rules on electronic filing and service of documents.

Rule 39. Computation and extension of time.

Rule 40. Public access to case records and duty.

Rule 41. Substitution of celebrate.

Rule 42. Media access.