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STATE OF WEST VIRGINIA
At a Regular Term of the Supreme Court of Appeals continued and held at
Charleston, Kanawha County, on the 19 th day of October, 2010, the following order was
made and entered:
On this day came the Court, on its own motion and proceeded to consider the
proposed amendments to the Rules of Criminal Procedure, necessitated by the adoption of
the Revised Rules of Appellate Procedure, previously published for comment. Upon
consideration whereof, the Court is of opinion to and does hereby adopt said amendments,
effective December 1, 2010, with deletions indicated by strikethroughs and insertions
indicated by underscoring, to read as follows:
Rule 37. Taking Appeal
(a) How an appeal is taken- (1) From a circuit court. - An appeal permitted by law
from a circuit court to the Supreme Court of Appeals is taken by filing a notice of intent to
appeal in the circuit court within the time provided by paragraph (b)(1) of this rule. The
notice of intent to appeal shall specify the parties or party taking the petition; shall indicate
the judgment, decree or order or part thereof appealed from; shall name the court in which
the petition is taken; shall designate by itemization such pleadings, orders and exhibits to
enable the Supreme Court of Appeals to decide the matters raised; and should concisely state
the grounds for appeal. be filed and served in accordance with Rule 5 of the Rules of
Appellate Procedure. The clerk shall serve notice of the filing of a notice of intent to petition
for appeal by personal service or by mailing a copy thereof to all parties. The clerk shall note
on each copy to be served the date on which the notice of intent to appeal was filed, and
shall note in the docket the names of the parties on whom he or she serves copies, with the
date of mailing or other service. Failure of the clerk to serve notice shall not affect the
validity of the appeal.
(2) From a magistrate court. . An appeal permitted by law from a magistrate court to a
circuit court is taken by requesting an appeal in the magistrate court within the time provided
by Chapter 50, Article 5, Section 13 [. 50-5-13], of the West Virginia Code of 1931, as
amended. The required specifications of the notice of intent to appeal and the duties of the
magistrate in forwarding the notice of intent to appeal to the clerk of the circuit court and
serving notice on the parties do not apply as provided for in paragraph (a)(1) of this rule.
(b) Time for taking appeal- (1) Time for notice of intent to appeal- The notice of
intent to appeal by a defendant shall be filed within 30 days after the entry of the judgment,
decree or other order appealed from. A notice of intent to appeal filed after the
announcement of a decision, sentence or order but before entry of the judgment or order
shall be treated as filed after such entry and on the day thereof. A judgment or order is
entered within the meaning of this paragraph when it is entered in the criminal docket.
(2) Procedure for requesting, preparing, and filing of transcript-The procedure for
requesting, preparing, and filing of transcripts shall be governed by Appendix B to the Rules
of Appellate Procedure.
(3) Time for petition for appeal- A petition An appeal must be filed with the clerk of
the circuit court where the judgment, decree or order being appealed was entered perfected
within four months of the entry of the circuit court order in accordance with Rule 5 of the
Rules of Appellate Procedure. The appeal period may be extended, upon request of the
appealing party, within four months of the order appealed from for the purpose of preparing
a transcript or for good cause, for a period or periods not to exceed a total of two months.
in accordance with the Rules of Appellate Procedure. When an appeal by the state is
authorized by statute, the petition for appeal shall be filed with the clerk of the circuit court
within 30 days after entry of judgment or order appealed from.
A True Copy
Attest:
_________________________________
Clerk, Supreme Court of Appeals