As announced by Chief Justice Davis on October 19, the Revised Rules of Appellate Procedure have been promulgated and became effective on December 1, 2010. The Revised Rules were placed for public comment on May 17, 2010. The Court received a number of insightful and helpful comments. Both the comments and the Court's own consideration have resulted in a number of changes to the draft revisions that were placed for public comment.
The Public Information Office has prepared a press release that summarizes the rules and highlights important changes.
NEW FILING FEE FOR APPEALS: Due to the enactment of Senate Bill 428 during the 2011 session of the legislature, the Clerk of the Supreme Court of Appeals of West Virginia must charge a $200 fee starting June 16, 2011 for docketing appeals in certain cases. Refer to this page for more guidance.
Pursuant to Revised Rule 1(d), the Revised Rules "shall be applicable to all certified questions and appeals arising from rulings, orders or judgments entered on or after December 1, 2010, and to original jurisdiction proceedings in the Supreme Court of Appeals filed on or after December 1, 2010. In cases arising from orders entered prior to the effective date, the Court may on its own motion direct the parties to comply with the revised rules in whole or in part by entering an appropriate order."
The petition for appeal, designation of record, responses, and other papers in appeals from orders entered before the effective date should be prepared according to the former Rules of Appellate Procedure unless otherwise ordered.
GUIDE TO PREPARING AN APPEAL FROM CIRCUIT COURT: The GUIDE was prepared by the Clerk and is intended to explain many of the practical points that are involved in preparing an appeal under the Revised Rules. The GUIDE is not legal authority and is not a substitute for reading the rules carefully.
NOTICE OF APPEAL: Use this fillable form for appeals from a final judgment of a circuit court. Print and sign the form, then file the original and five copies with the Supreme Court Clerk.
NOTICE OF APPEAL - EXTRA SHEET: Use this fillable form for the longer answers required in certain sections of the Notice of Appeal. Print and attach the extra sheets to the Notice of Appeal when filing.
SAMPLE PETITIONER'S BRIEF: Use this sample document as a guide when preparing a petitioner's brief.
Bound copies of the Revised Rules are available upon request while supplies last. Contact the Clerk's Office during business hours at (304) 558-2601 to request a printed copy.
Certain documents linked to on this page are in PDF format. Download free Reader:
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