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. The legislation amended West Virginia Code 59-1-13 to provide that funds from this filing fee are to be used solely to provide grants to the federally designated provider of civil legal services for low income citizens of the state.
All appeals from a circuit court final order—except appeals in criminal cases—are subject to the fee. The fee does not apply to appeals from the Workers' Compensation Board of Review. The fee does not apply to original jurisdiction cases filed in the Supreme Court, such as mandamus, prohibition and habeas corpus.
The fee is due at the time the appeal is docketed by the Clerk, which is when the Notice of Appeal is filed. The fee must be paid by check, payable to the State of West Virginia in the amount of $200. (Plans are currently underway to accept credit card payments online.)
If a fee waiver application has been granted by the lower tribunal, then the fee waiver is still applicable for purposes of appeal. A party who has been granted a fee waiver is under a continuing obligation to inform the Court of any change in circumstances that may affect the fee waiver determination. If your case is subject to a fee waiver you must inform the Clerk in the Notice of Appeal and attach a copy of the lower court's order that approved a fee waiver.
If a case that is subject to the filing fee requirement is filed without the accompanying fee, the Scheduling Order will contain a deadline for payment of the filing fee. If non-payment is not cured within the deadline set forth in the Scheduling Order, then the case will be subject to dismissal.
FEE WAIVER FORMS: Use these forms to apply for a fee waiver in magistrate court, family court or circuit court. If the lower tribunal has granted a fee waiver, you do not have to file a new fee waiver application to appeal to the Supreme Court.
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, along with a check made payable to the State of West Virginia in the amount of $200.
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.
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.
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