West Virginia Rules of Appellate Procedure

(a) Scope of Rules. These rules shall govern procedure: (1) in appeals and certified questions from circuit courts and family courts to the West Virginia Supreme Court of Appeals; (2) in proceedings in the Supreme Court of Appeals for review of orders of administrative agencies, boards, commissions and officers of the State of West Virginia; and (3) in applications for writs or other relief, appellate or original, which the Supreme Court of Appeals is competent to give.

(b) Rules Not to Affect Jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the Supreme Court of Appeals as established by law.

"Appeal." The procedure by which a case is brought from a lower tribunal to the Supreme Court of Appeals of West Virginia. The term "appeal" as used in these rules shall encompass the term "writ of error."
"Appellant." The party who takes the appeal. The term "plaintiff in error" shall be included within the term "appellant."
"Appellee." The party against whom the appeal is taken. The term "defendant in error" shall be included within the term "appellee."
"Certificate of Service." The statement signed by counsel describing the date and manner of serving a particular pleading on the opposing party.
"Petition." The original pleading seeking an appeal or seeking the original jurisdiction of the Supreme Court.
"Petitioner." The party who seeks the appeal and who, upon the granting of the appeal, becomes the appellant, or the party who prosecutes an original proceeding in the Supreme Court.
"Respondent." The party against whom the appeal is taken and who becomes the appellee once the appeal is granted, or the party against whom an original proceeding in the Supreme Court is prosecuted.
"Stay of Proceeding." As set out in Rule 6, this is a proceeding to stay execution of a judgment pending an appeal. In civil cases, this term is substituted for a writ of supersedeas. See W.Va.Code, 58-5-5 and 58-5-10. In criminal cases, the stay is for the execution of the criminal sentence. See W.Va.Code, 62-7-1.
"Supreme Court." The Supreme Court of Appeals of West Virginia.
(d) Rules of Construction. (a) Words in the singular number include the plural, and in the plural include the singular.
(b) Words of the masculine gender include the feminine and the neuter.
(c) The word "person" shall include corporations, societies, associations and partnerships, if not restricted by the context.
(e) Effective Date. These rules shall be applicable to appeals of rulings, orders, or judgments entered on or after January 1, 1980, and to original proceedings in the Supreme Court on or after January 1, 1980.

In the interest of expediting decision, or for other good cause shown, the Supreme Court may suspend the requirements or provisions of any of these rules in a particular case on application of a party or on its own motion and may order proceedings in accordance with its direction. These rules shall be construed to allow the Supreme Court to do substantial justice.

(a) Time for Petition. No petition shall be presented for an appeal from, or a writ of supersedeas to, any judgment, decree or order, which shall have been entered more than four months before such petition is filed in the office of the clerk of the circuit court where the judgment, decree or order being appealed was entered, whether the State be a party thereto or not; provided, that the judge of the circuit court may for good cause shown, by order entered of record prior to the expiration of such period of four months, extend and re-extend such period, not to exceed a total extension of two months, if a request for the transcript was made by the party seeking an appeal or supersedeas within thirty days of the entry of such judgment, decree or order. In appeals from administrative agencies, the petition for appeal shall be filed within the applicable time provided by the statute.

(b) Notice for Criminal Appeal. No petition from a criminal case shall be presented unless a notice of intent to appeal shall have been filed with the clerk of the court in which the judgment or order was entered within thirty days from the entry of such judgment or order. The notice of intent to appeal shall concisely state the grounds for appeal.

(c) Form of Petition. The petition for appeal and note of argument under prior practice shall be integrated into one document called the petition. Except by permission of the Court, a petition shall not exceed fifty pages, inclusive of any addendum, but exclusive of the docketing statement. A petition for appeal shall state the following in the order indicated: (1) the kind of proceeding and nature of the ruling in the lower tribunal; (2) a statement of the facts of the case; (3) the assignments of error relied upon on appeal and the manner in which they were decided in the lower tribunal; and (4) points and authorities relied upon, a discussion of law, and the relief prayed for.

(d) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of a lower tribunal and their interests are such that joinder may properly be made, they may join in petitioning for an appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion, or upon motion of a party, or by stipulation of the parties to the several appeals.

(e) Service of Petition. The petition for appeal shall be served in accordance with Rule 15.

(f) Response to Petition. When the appeal is from a judgment, order or decree of a circuit court, the respondent may file an original and nine copies of a response with the Clerk of the Supreme Court within thirty days after the filing of the petition for appeal in the office of the clerk of the circuit court. When the appeal is from another tribunal, the respondent may file an original and nine copies of a response with the Clerk of the Supreme Court within thirty days after the filing of the petition for appeal with the Clerk of the Supreme Court. Except by permission of the Court, a response shall not exceed fifty pages, inclusive of any addendum.

(g) Reply to Response. No reply to a response to a petition for appeal shall be filed.

[Effective January 1, 1980; amended effective January 1, 1990; July 1, 1990; March 1, 1991; January 1, 1992; July 1, 1994; September 1, 1995, January 1, 2002.]

(a) Filing With the Clerk. When the appeal is from an order of the circuit court, an original and nine copies of the petition for appeal shall be filed in the office of the clerk of the circuit court where the judgment, decree or order being appealed was entered. The circuit clerk shall note on each copy the date on which the petition for appeal was filed. A docketing statement (Appendix A) shall be attached to the face of the original petition and each of the copies.

(b) Transmission to the Supreme Court. The circuit clerk shall retain one copy of the petition and, within twenty days from deposit of money or bond for costs under paragraph (d), shall transmit the original and eight copies of the petition, along with the trial court record as designated in paragraph (c), to the Clerk of the Supreme Court by certified mail.

(c) Record on Petition. The appellant shall designate by itemization to the clerk of the circuit court such pleadings, orders and exhibits to enable the Supreme Court to decide the matters arising in the petition:

(i) In lieu of filing all or part of the transcript of testimony the petitioner may file under Rule 4A, in which event he may rely on the facts stated in his petition, or (ii) If the petitioner desires he may cause to be prepared, pursuant to the provisions of Rule 80 of the West Virginia Rules of Civil Procedure, a transcript of such part of the proceedings not already on file as he deems necessary for inclusion in the record.
The circuit clerk, before transmitting the record to the Supreme Court, shall arrange the papers, as nearly as possible, in chronological order of filing, shall number the pages, shall make and certify copies of all orders entered in the case which are not in the files, and shall prepare a table of contents or index.

(d) Bond for Costs. Before such petition and record are transmitted, the petitioner shall deposit with the clerk of the circuit court 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 filing the petition and certifying necessary copies of orders; (3) costs of transmission and return of the record; and (4) costs of the making of the transcript. The clerk shall endorse on the petition that such deposit has been made or such bond fixed.

[Effective January 1, 1980; amended effective January 1, 1990; September 1, 1995; October 3, 1997.]

(a) Purpose. In order to provide an inexpensive and expeditious method of appeal, a petitioner may file his petition without the transcript of testimony taken in the lower court.

(b) Filing With Circuit Court. An original and nine copies of the petition shall be filed in the office of the clerk of the circuit where the judgment or order being appealed was entered within sixty days from the date of entry of the judgment or order. There shall be attached to the original petition and nine copies a docketing statement in the form adopted by the Supreme Court of Appeals. Two additional copies of the petition, including the attached docketing statement, shall be served upon each party to the action being appealed, as provided in Rule 15, and such parties shall have thirty days to file an original and nine copies of a response with the clerk of the circuit court. The respondent shall not be entitled to an oral argument under Rule 5.

(c) Record on Petition. The petitioner shall designate by itemization to the clerk of the circuit court so much of the pleadings, orders and exhibits in the case as will enable the Supreme Court to decide the matters arising in the petition. In lieu of filing all or part of the transcript of testimony, the petitioner shall set out in the petition a statement of all facts pertinent to the issues he raises. The petition shall include a certificate by the petitioner's attorney that the facts alleged are faithfully represented and that they are accurately presented to the best of his ability. The use of the abbreviated procedure, set forth in this Rule 4A, places the highest possible fiduciary duty upon a lawyer with regard to the court and intentional misrepresentation of any sort is grounds for disciplinary action.

(d) Transmission to the Supreme Court. The circuit clerk shall retain in his office one copy of the petition. He shall, at the end of thirty days from the date the petition was filed under paragraph (b), or after respondent has filed a response, whichever occurs first, transmit by certified mail to the Clerk of the Supreme Court the original and eight copies of the petition. The circuit clerk, before transmitting the record to the Supreme Court, shall arrange the papers, as nearly as possible, in chronological order of filing, shall number the pages, shall make and certify copies of all orders entered in the case which are not in the files, and shall prepare a table of contents or index.

(e) Bond for Costs. Before such petition and record are transmitted to the Supreme Court, the petitioner shall deposit with the clerk of the circuit court 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 filing the petition and certifying necessary copies of orders; (3) costs of transmission and return of the record. The clerk shall endorse on the petition that such deposit has been made or such bond filed.

(a) Time for Hearing. If desired, counsel for the petitioner or a petitioner unrepresented by counsel shall request oral presentation of the petition in the docketing statement filed with the petition. The Court, at its discretion, may allow counsel for the petitioner or a petitioner unrepresented by counsel to make oral presentation, unless such right to orally present a petition is otherwise provided by law. The respondent shall not be entitled to participate in the oral presentation of the petition, unless otherwise provided by law. Counsel for the petitioner or a petitioner unrepresented by counsel shall provide written notice of the date set for oral presentation to all counsel of record and to all parties unrepresented by counsel. Oral presentation will not be heard, except upon motion for good cause shown, prior to expiration of the period allowed for filing a response as provided in Rule 3(f).

(b) Oral Presentation. Oral presentation, if permitted by the Court, shall be limited to ten minutes, unless additional time is granted by the Court.

(c) Waiver of Oral Presentation. At any time after the transmission of the petition to the Clerk of the Supreme Court, counsel for the petitioner or a petitioner unrepresented by counsel may inform the Clerk in writing that oral presentation is not desired, in which case the petition will be considered by the Court in chambers.

(d) Scheduling Oral Presentation. The Clerk's office shall schedule oral presentation on those petitions which the Court elects to hear. Upon receipt of notice from the Clerk's office as to the date set for oral presentation, counsel for the petitioner or a petitioner unrepresented by counsel shall provide written notice of such date to all counsel of record and to all parties unrepresented by counsel.

(e) Motion for Continuance of the Date Set for Oral Presentation. (1) Continuance of the scheduled hearing date shall be granted only for good cause shown. A written motion requesting a continuance shall be filed in the Clerk's office no less than 30 days prior to the date set for oral presentation. (2) The motion for continuance shall specifically state the reason for such request. If the request for continuance is granted, it shall be continued to the next available date on the Court's docket. Counsel for the petitioner or a petitioner unrepresented by counsel shall provide written notice of the new date to all counsel of record and to parties unrepresented by counsel.

[Effective January 1, 1980; amended effective March 1, 1991; September 1, 1995; October 3, 1997.]

(a) Application for Stay. Any person desiring to present a petition for an appeal may make application for a stay of proceedings to the circuit court in which the judgment or order desired to be appealed was entered. Such application must be made by notice in writing to the opposite party at any time after the entry of the judgment or order to be appealed.

(b) Effect of Stay. The circuit court shall grant such stay in a criminal case as provided for by W.Va.Code, 62-7-1, and may grant a stay suspending the execution of a judgment or order, modifying, restoring, or granting an injunction, or staying the execution of a criminal sentence or fine beyond the time mandated by statute. Such stay shall be effective unless sooner modified by such court or by the Supreme Court:

(1) for the period prescribed by law for presentation of a petition for appeal, unless a petition for appeal is rejected by the Supreme Court on the ground that it is plainly right, in which case the stay shall be vacated;

(2) for any additional period after an appeal has been allowed pending final disposition of the appeal.

(c) Application in Supreme Court. If the circuit court should refuse to grant a stay, or if the relief afforded is not acceptable, the applicant may, upon written notice to the opposite party, apply to the Supreme Court for a stay. Such application shall show the reasons assigned by the circuit court for denying a stay or other relief, and further show the reasons for the relief requested and the grounds for the underlying appeal. If the facts are subject to dispute, the application shall be supported by affidavits or other sworn statements. Such parts of the record as are relevant shall be filed with the application.

(d) Bond. In civil cases relief available in the circuit court or the Supreme Court under this rule may be conditioned upon the filing of a bond or other appropriate security in the circuit court, in such amount and upon such conditions as the court granting the stay feels is proper for the protection of the adverse party. The provisions of W.Va.Code, 58-5-14, are applicable. Such bond shall be filed within thirty days of the granting of the supersedeas with the clerk of the circuit court, who shall immediately report the filing of the same to the Clerk of the Supreme Court. Failure to execute such bond may be grounds for the dismissal of the appeal.

(e) Post-Conviction Bail. Summary petitions for post-conviction bail shall be filed in accordance with the provisions of W.Va.Code, 62-1C-1. The petitioner shall file an original and five copies of the petition with the Clerk of the Supreme Court of Appeals and shall serve a copy of the petition upon the prosecuting attorney in accordance with the provisions of Rule 15. The prosecuting attorney shall file an original and five copies of a response within seven days of the filing of the petition with the Clerk of the Supreme Court of Appeals. Upon receipt of the response, the Court may grant the petition, deny the petition, or schedule the matter for hearing.

(a) Rejection. If the petition for appeal is rejected by the Supreme Court on the ground that the judgment or order is plainly right, no other petition for appeal from that judgment or order shall be permitted. If the petition for appeal is rejected on any other ground, or if no ground be cited in the rejection, the petitioner may renew the petition as many times as he desires during the period prescribed by law for presentation of petitions.

(b) Renewal of Petition. A petitioner desiring to renew a petition may notify the Clerk of the Supreme Court of his intention in writing within thirty days after the entry of the order denying his application. In such case, the Clerk shall retain the petition and record in the Supreme Court, the petition may be reheard in accordance with Rule 5, and an amended petition or supplemental argument may be filed.

If the Clerk of the Supreme Court receives no timely notice of the petitioner's intention to renew, he shall return the record to the circuit clerk, who shall repay the petitioner any money deposited under Rule 4(d) or Rule 4A(e), in excess of fees and expenses.

(1) The Clerk of the Supreme Court shall docket the same and immediately send a copy of the order granting the appeal to the petitioner's counsel, or, if there is no counsel of record, to the petitioner, and to the clerk of the circuit court, who shall retain the same in his records.

(2) The Clerk of the Supreme Court shall forthwith return the record, unless the entire record had been transmitted, to the clerk of the circuit court for preparation of the record of the case for appeal in accordance with Rules 8 and 9.

(3) The Clerk of the Supreme Court shall then send a copy of the order to all parties appearing of record, other than the petitioner, that they may be heard, and shall also issue any supersedeas which may have been awarded. The Clerk of the Supreme Court shall serve the order upon the parties by mailing the same to the counsel of record for each party, or if there is no counsel of record, to the party at his last known address. Service shall be complete upon mailing. The Clerk of the Supreme Court shall note upon the docket the names of the parties to whom the orders were mailed, with the date of mailing.

(4) The Court may grant a supersedeas or modify the conditions thereof, in accordance with Rule 6.

(a)(1) Appellant's Designation. Upon receipt of the record from the Clerk of the Supreme Court as provided in Rule 7(c)(2), the clerk of the circuit court shall mail notice, dated as of day of mailing, of such receipt to counsel of record for the appellant. If appellant's counsel considers the record prepared under Rule 4(c) or Rule 4A(c) not to adequately present all matters encompassed in the appeal, he shall within twenty days after date of notice, file with the circuit clerk a designation of such additional parts of the record as he considers material to the questions presented upon the appeal. If appellant's counsel considers the record adequate, he shall immediately notify the clerk that he does not desire to supplement the record.

(2) Appellee's Designation. Upon receipt of the designation of the appellant, the circuit clerk shall mail notice, dated as of day of mailing, of such receipt to counsel of record for the appellee, who shall, within fourteen days after date of notice, file with the circuit clerk a designation of such additional parts of the record as he considers necessary in view of the appellant's designation.

(3) Appellant's Additional Designation. Upon receipt of appellee's designation, the circuit clerk shall mail notice as of the date of mailing of such receipt to counsel of record for the appellant, who shall, within ten days after the date of notice, file with the circuit clerk a designation of such additional parts of the record as he considers necessary in view of the parts designated by appellee.

(b) Joint Designation. In lieu of the designation as provided in Rule 8(a), the parties may, by written stipulation, filed with the circuit clerk within thirty days after the date of the clerk's notice under Rule 8(a)(1), jointly designate the parts of the record to be prepared for appeal.

(c) Agreed Record. In lieu of the designations provided for in subdivisions (a) and (b) of this rule, the parties may prepare and sign a statement of the case, setting forth the manner in which the issues presented by the appeal arose and were decided by the circuit court, and only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. Such an agreed statement shall be presented to the circuit court within thirty days after the date of the clerk's notice, as provided in Rule 8(a)(1). The circuit court may attach thereto an addendum containing such additions as it feels are necessary to fully present the issues raised by the appeal. The agreed statement, with or without any additions by the circuit court, is to be filed in the circuit clerk's office within fifteen days after its presentation to the circuit court.

(d) Scope of Designation. The designations or agreed statement should include only matter relevant to the issues presented by the appeal. When, in the opinion of the Supreme Court, unnecessary matter has been designated, it may withhold or divide costs as justice may require. The Court, upon its own motion, may consider portions of the record other than those designated.

(e) Form of Designation. Designations shall be in such form as to guide the person reproducing the record. Counsel may mark the record with letters and direct that all matters between them be reproduced, indicating the page upon which each letter appears. Asterisks or other appropriate means should be used to indicate omissions in testimony of witnesses or other parts of the record.

(f) Correction of Errors. Any omission, misstatement, or error, either clerical or otherwise, in the record may be corrected at any time by stipulation filed with the Supreme Court. The Court, upon motion or sua sponte, may direct that an omission, misstatement, or error be corrected, and, if necessary, that a supplemental record be transmitted or certified.

(a) Completion of the Record. Within thirty days of the filing of the appellee's designation as provided in Rule 8(a)(2), or within thirty days from appellant's designation, if one is filed, under Rule 8(a)(3), or within thirty days of the receipt of a joint designation or agreed record, the circuit clerk shall assemble, paginate, and index the record as designated or agreed. If a transcript of testimony required by the additional designations is not timely completed, the circuit court may, by order, with a copy to the Clerk of the Supreme Court, extend or re- extend the time period for assembly, pagination and indexing of the record for a cumulative period not to exceed sixty days. The transcript of testimony may be paginated separately, using the court reporter's numbers. A transcript of testimony shall be requested in compliance with Appendix B of these Rules. Upon completion of the record, the circuit clerk shall notify all parties and the Clerk of the Supreme Court in writing that it has been completed.

(b) Reproduction of the Record. Upon notification that the record is completed, the appellant shall within ten days notify the circuit clerk in writing whether he elects to reproduce the record.

(1) If the appellant elects to reproduce the record, he shall, within sixty days of the original notification of the circuit clerk's completion of the record, file nine copies of the record with the Clerk of the Supreme Court and serve one copy on each party to the appeal. Failure to comply with the time limits provided herein may result in the dismissal of the appeal. The Clerk of the Supreme Court shall notify each party of the date the copies of the record were received.

(2) If the appellant elects to have the record reproduced by the Clerk of the Supreme Court, the circuit clerk shall immediately transmit the record to the Clerk of the Supreme Court, who shall estimate in writing to the appellant the cost of reproducing the record. An amount sufficient to cover the cost thereof shall be deposited with the Clerk of the Supreme Court within thirty days of the date of the estimate. The Clerk of the Supreme Court shall file nine copies of the record and mail one copy thereof to each party, giving each party notice of the date of filing. The Clerk of the Supreme Court shall file an additional copy of the record for each additional party to the appeal.

(c) Method of Reproduction. The record may be reproduced by any type of device that produces legible copies. The individual copies must be bound and the copy page size shall be eight and one- half inches by eleven inches. Illegible copies may be rejected by the Clerk of the Supreme Court with the requirement that legible copies be furnished within fifteen days.

(d) Costs. The amount taxable as costs in the appeal for reproduction of the record shall be determined in accordance with a schedule set by the Clerk of the Supreme Court.

(e) Retention of Record. Whenever it appears necessary that the record be retained by the circuit clerk pending an appeal, for use in the trial of other litigation, or for any other valid reason, the Supreme Court may make an order to that effect. Whereupon, after the reproduction and filing of the record as provided for in this rule, the original record shall be returned to the circuit clerk.

(f) Motion to Proceed on Original Record. The parties are encouraged, as an inexpensive and expedient alternative to reproduction of the record, to request that the appeal be heard upon the original record without its reproduction. Either the appellant or the appellee may file a motion to proceed on the original record. After the motion to proceed on the original record is granted, the appeal shall be heard on the original record, as designated by the parties, and the Clerk of the Supreme Court shall establish a briefing schedule.

[Effective January 1, 1980; amended effective July 11, 1985; July 1, 1994; January 1, 1995; October 3, 1997, January 1, 2002.]

(a) Appellant's Brief. Within thirty days of the date of the notice of the filing of the appellate record, or within thirty days of the receipt of the granting order establishing a briefing schedule, the appellant shall file an original and nine copies of a brief with the Clerk of the Supreme Court. One copy thereof shall be served by the appellant upon each party to the appeal.

(b) Appellee's Brief. The appellee shall have thirty days from the date of receipt of the appellant's brief to file an original and nine copies of a brief with the Clerk of the Supreme Court and to serve one copy thereof upon each party.

(c) Reply. The appellant shall have fifteen days from the date of receipt of the appellee's brief to file an original and nine copies of a reply brief with the Clerk of the Supreme Court and to serve one copy thereof upon each party.

(d) Form. The appellant's brief shall follow the same form as the petition for appeal. The appellee's brief shall point out any alleged omissions or inaccuracies of the appellant's statement of the case. It shall contain a concise statement to meet the alleged errors. Authorities relied upon, along with appellee's argument, should follow. Briefs shall comply with Rule 28 and, except by permission of the Court, shall not exceed fifty pages, inclusive of any addendum.

(e) Failure to File Brief. The failure to file a brief in accordance with this rule may result in the Supreme Court imposing the following sanctions: refusal to hear the case, denying oral argument to the derelict party, dismissal of the case from the docket, or such other sanctions as the Supreme Court may deem appropriate.

(f) Cross Assignment of Error. Appellee, if he is of the opinion that there is error in the record to his prejudice, may assign such error in a separate portion of his brief and set out authority and argument in support thereof. Such cross assignment may be made notwithstanding the fact that appellee did not file a separate petition for an appeal within the statutory period for taking an appeal. Appellant may answer the cross assignment of error in his reply brief.

[Effective January 1, 1980; amended effective July 11, 1985; January 1, 1992; September 1, 1995, January 1, 2002.]

(a) Preparation of the Docket. Seventy-five days before the first day of each regular term, or of any special term at which an argument docket may be ordered, the Clerk of the Supreme Court shall prepare a list of cases in which the record has been filed in accordance with Rule 9, and in which all required bonds have been filed, and distribute the printed lists to counsel of record in each case. Such docket shall set a date certain for the oral argument of each case. The Court may direct the Clerk to specially set cases during a term as it may deem advisable.

(b) Pre-argument Conference. The Court may direct that the counsel and the parties attend a pre-argument conference in order to clarify the issues to be presented, to eliminate frivolous issues, and to attempt settlement of disputed issues, including the entire case.

(c) Postponement. The Court may postpone on its own motion any case to a day later in the term than that for which it was originally set for hearing, or to a later term. In such case, the Clerk shall give notice of such postponement to the attorneys of record of all interested parties.

(d) Reargument. The Court may on its own motion set a case for reargument to a day later in the term than that which it was heard for argument or to a later term, and require the attorneys of record to brief additional issues as deemed necessary by the Court to justly dispose of the case.

(a) Notice of Argument. In accordance with Rule 11, the Clerk of the Supreme Court shall notify each party of the date upon which oral argument shall be held. A request for postponement of the argument must be made by written motion stating the grounds therefor, and shall be filed at least ten days before the date set, whenever possible.

(b) Argument. Only two counsel shall be heard on each side of a case. Counsel for appellant shall be entitled to open and close the argument, and shall be allotted twenty minutes to open and ten minutes to close. Counsel for appellee shall be allotted twenty minutes. A party is not obliged to utilize all of the time allotted, and the Court may terminate the argument whenever in its judgment further argument is unnecessary.

(c) Submission. Counsel may, by writing the Clerk of the Supreme Court in advance, request that his side of the case be submitted without oral argument.

(a) Petition and Response. In cases where certified questions have been made pursuant to the provisions of W.Va.Code, 58-5-2, the party presenting the certified questions shall, within sixty days of the date of entry of the order of certification, file with the circuit clerk an original and nine copies of a petition which shall include the note of argument and be in the same form as provided for in Rule 3(c). One copy of the petition and note of argument shall be served on the other parties pursuant to Rule 15. An original and nine copies of a response may be filed with the circuit clerk within thirty days of the filing of the petition. Except by permission of the Court, a petition or response shall not exceed fifty pages, inclusive of any addendum.

(b) Form of Certificate. The circuit court shall sign a certificate which shall separately state each question certified, and as to each such question, the circuit court shall state the ruling it has made. The certificate shall also state, as to each question certified, whether it arises, in accordance with the provisions of W.Va.Code, 58-5-2, upon (1) the sufficiency of the summons or return of service; (2) a challenge to the sufficiency of a pleading or the venue of the circuit court; (3) the sufficiency of a motion for summary judgment where such motion has been denied; (4) a motion for judgment on the pleadings; (5) the jurisdiction of the circuit court of a person or subject matter; or (6) the failure to join an indispensable party. The certificate shall be made a part of the record.

(c) Record. At the time of filing the petition, the party presenting the certified questions shall file with the circuit clerk and serve upon the other parties a designation of such portions of the record as said party determines to be necessary to determine the issues certified. Other parties shall have fifteen days after the date of receipt of such designation to designate such additional portions of the record as they feel are necessary to determine the issues certified.

(d) Transmission to the Supreme Court. Within thirty days of the designations of the parties, the circuit clerk shall assemble, paginate, and index the designated portions of the record, and, together with the original and copies of the petition and opposing note of argument if one is submitted, transmit the same to the Clerk of the Supreme Court for filing.

(e) Presentation of the Petition. Oral argument may be made or waived in accordance with Rule 5.

(f) Refusal to Docket. If the Supreme Court refuses to docket the certified question, the record shall be returned to the clerk of the circuit court. Reapplication of petitions in certified questions shall not be permitted, and no question once certified shall be included in a subsequent order of certification in the same case.

(g) Docketing. If the Court grants the petition, the Clerk of the Supreme Court shall immediately docket the same and notify the parties in writing. The Clerk shall then return the record to the circuit clerk. The presenting party shall then reproduce and file the record, as presented to the Court with the original petition, in the same manner as provided in Rule 9(b) through (d). The certified questions shall then proceed as provided in Rule 10, 11, and 12.

(h) Costs. All costs of the certified question shall be taxed as costs in the proceedings in the circuit court.

(i) Bonds. The provisions of Rule 4(d), 4A(e) and 6, with respect to bonds, shall not apply to certified questions.

[Effective January 1, 1980; amended effective January 1, 1992; September 1, 1995.]

(a) Time for Petition. No petition shall be presented for an appeal from a decision of the Workers' Compensation Appeal Board which shall have been rendered more than thirty days before such petition is filed with the Clerk of the Supreme Court.

(b) Petition, Docketing Statement and Appendix. The petition for appeal from a decision of the Workers' Compensation Appeal Board shall be in the same form as provided in Rule 3(c) and, except by permission of the Court, shall not exceed fifty pages, inclusive of any addendum, but exclusive of the appendix. Except where the Workers' Compensation Commissioner is the petitioner, the petition shall name the Workers' Compensation Commissioner and the adverse party or parties as the respondents. In addition to an original and three copies of the workers' compensation docketing statement (Appendix C) and the petition, a single copy of a separate appendix of documents relevant to the issues on appeal shall also be filed. The appendix shall accurately reflect the complete record of relevant documents submitted in the proceedings before the Workers' Compensation Commissioner, including all medical reports, psychological reports, vocational reports, transcripts, correspondence, orders, and other written material relevant to the issues on appeal.

(c) Service of Petition. The docketing statement, the petition for appeal and appendix shall be served on all parties to the appeal or, if represented, upon their attorneys, and upon the Workers' Compensation Commissioner and the Workers' Compensation Appeal Board, in accordance with Rule 15.

(d) Response to Petition. The Clerk of the Supreme Court shall notify each of the respondents, the Workers' Compensation Commissioner, and the Workers' Compensation Appeal Board, by first-class mail, of the filing of a petition for appeal. A response to the petition for appeal may be filed with the Clerk of the Supreme Court within thirty days after the date on which the petition for appeal is filed. Except by permission of the Court, a response shall not exceed fifty pages, inclusive of any addendum, but exclusive of any appendix. In addition to an original and three copies of a response, a single copy of a separate appendix of additional documents relevant to the issues on appeal not contained in the petitioner's appendix may also be filed. The response to the petition for appeal and any appendix shall be served upon all parties to the appeal or, if represented, upon their attorneys, and upon the Workers' Compensation Commissioner and the Workers' Compensation Appeal Board, in accordance with Rule 15.

(e) Hearing on the Petition. Oral presentation of the petition shall not be permitted except by leave of the Court.

(f) Rejection or Allowance of Appeal. The Clerk of the Supreme Court shall send a copy of the order rejecting or allowing the appeal to the parties, to the Workers' Compensation Commissioner and to the Workers' Compensation Appeal Board. If the appeal is granted, the clerk shall docket the appeal and send a briefing schedule to the parties.

(g) Briefs and Oral Argument. Each party to the appeal may file an original and three copies of a brief in accordance with the briefing schedule established by the Clerk of the Supreme Court. Except by permission of the Court, a brief shall not exceed fifty pages, inclusive of any addendum, but exclusive of any appendix. Oral argument shall not be permitted except by leave of the Court.

(h) Decision and Costs. The Court shall certify its decision upon the merits of the appeal to the Workers' Compensation Appeal Board and to the Workers' Compensation Commissioner. Costs of the appeal shall be taxed in accordance with W.Va. Code, 23-5-4.

(i) Certified Questions by the Appeal Board. The Workers' Compensation Appeal Board may certify to the Supreme Court and request its decision of any question of law arising upon the record in accordance with W.Va. Code 23-5-4. Except as provided otherwise by W.Va. Code 23-5-4, such cases shall proceed in the same manner as appeals from decisions of the Workers' Compensation Appeal Board.

[Adopted effective July 1, 1994; amended effective January 1, 1995; October 3, 1997.]

Rule 13B. Family court appeals.

(a) Direct appeals from family court. A petition for appeal from a final order of a family court may be filed only if, within 14 days after entry of a family court final order, the parties file a notice of intent to appeal directly to the Supreme Court and waive their right to appeal to the circuit court.

(1) The notice of intent to appeal and waiver shall be filed in the office of the circuit clerk where the final order of the family court was entered. The notice of intent to appeal and waiver shall be in the same or substantially similar form as that contained in Appendix A of the Rules of Practice and Procedure for Family Court, and may be filed jointly or separately. The circuit clerk shall include a copy of the notice of intent to appeal and waiver, whether joint or separate, bearing a legible indication of the date of filing, together with the petition for appeal, record, and other materials forwarded to the Supreme Court for purposes of appeal.

(2) As an alternative to the procedures set forth in Rules 3 and 4, a party may, within the time prescribed by law, file a petition for appeal by completing and filing the appropriate forms in accordance with the Rules of Practice and Procedure for Family Court. Within thirty days of the filing of a petition for appeal, the circuit clerk shall retain one copy of the petition for appeal, and transmit by certified mail to the Clerk of the Supreme Court the original and one copy of the petition, together with a copy of the entire record. The circuit clerk, before transmitting the record to the Supreme Court, shall arrange the papers, as nearly as possible, in chronological order of filing, shall number the pages, shall make and certify copies of all orders entered in the case which are not in the files, and shall prepare a table of contents or index.

(b) Transfer of appeals from circuit court. When, under the provisions of W. Va. Code § 51-2A-14(e), a petition for appeal is transferred to the Supreme Court for review due to the failure of the circuit court to timely enter an order, the circuit clerk shall retain one copy of the petition for appeal originally filed, and transmit by certified mail to the Clerk of the Supreme Court the original and one copy of the petition, together with a copy of the entire record. The circuit clerk, before transmitting the record to the Supreme Court, shall arrange the papers, as nearly as possible, in chronological order of filing, shall number the pages, shall make and certify copies of all orders entered in the case which are not in the files, and shall prepare a table of contents or index.

(a) Petition. A petition for writ of mandamus, prohibition, habeas corpus, or certiorari under the original jurisdiction of the Supreme Court shall be filed in the office of the Clerk thereof, together with (1) an attached addendum or separate appendix of any exhibits or affidavits, (2) a memorandum of law citing the relevant authorities, and (3) a memorandum listing the names and addresses of those persons upon whom the rule to show cause is to be served, if granted. An original and nine copies of the petition, addendum, appendix, and memorandum of law shall be filed with the Clerk of the Supreme Court. One copy of the petition, addendum, appendix, and memorandum of law shall be served, in accordance with Rule 15, on each of the respondents. If one or more of the respondents is an official of the State, or a county thereof, the petitioner shall, in accordance with Rule 15, serve a copy of petition, addendum, appendix, and memorandum of law in the case of a State official, upon the Attorney General, or, in the case of a county official, upon the prosecuting attorney of such county. In any original jurisdiction proceeding which involves a matter that is presently pending in circuit court or family court where a written order has been entered in that court relating to matters sought to be adjudicated in the original jurisdiction proceeding, a copy of such order shall be filed with the petition. Except by permission of the Court, an original jurisdiction petition shall not exceed fifty pages, inclusive of any addendum, but exclusive of any appendix. Except by permission of the Supreme Court, an appendix shall not exceed seventy-five pages.

(b) Response. The Supreme Court may, in its discretion, prior to considering whether to issue a rule to show cause, request that the respondent or other affected party file a response to an original jurisdiction petition. If a response is requested, the Clerk of the Supreme Court shall inform the affected parties by telephone as soon as possible after the petition is filed.

(c) Rule to Show Cause. If the Supreme Court determines to issue a rule to show cause, the Clerk thereof shall mail copies of such rule to each respondent by certified mail. The Clerk of the Supreme Court shall also mail a copy of the rule to the petitioner, or to his counsel. Unless otherwise provided, the issuance of a rule to show cause in prohibition stays all further proceedings in the underlying action for which an award of a writ of prohibition is sought. If the Supreme Court determines not to issue a rule to show cause, such determination shall be without prejudice to the right of the petitioner to present a petition to a lower court having proper jurisdiction, unless the Supreme Court specifically notes in the order denying a rule to show cause, that the denial is with prejudice.

(d) Response to Rule to Show Cause. Within twenty days after receipt of the Supreme Court's order issuing the rule to show cause, unless the period is shortened or enlarged by the Supreme Court, the respondent shall file with the Clerk of the Supreme Court an original and nine copies of a response to which exhibits may be attached as an addendum or a separate appendix may be filed, together with a memorandum of law. Except by permission of the Supreme Court, a response shall not exceed fifty pages, inclusive of any addendum, but exclusive of any appendix. Except by permission of the Supreme Court, an appendix shall not exceed seventy-five pages. The response may raise any relevant defense, including those matters raised by a demurrer or motion to dismiss, and the response shall answer each allegation of the petition.

(e) Discovery. In the event that the responsive pleading, affidavits and exhibits raise a genuine issue of material fact, the parties shall advise the Clerk of the Supreme Court in writing of any proposed schedule for taking and filing depositions, which shall be subject to the approval of the Court. No other or further discovery shall be allowed, except by leave of the Supreme Court.

(f) Reference. In an original jurisdiction proceeding, the Supreme Court, on its own motion or upon written motion of the parties, may determine that because of the complexity of the factual issues involved, the proceeding should be referred to a special master or commissioner for the purpose of supervising the taking of depositions and to make such findings of fact as the Supreme Court may direct. Any such findings of fact made by the special master or commissioner shall be in writing and the parties shall have the right to file written objections thereto before the findings are considered by the Supreme Court.

(g) Record. The record shall consist of the pleadings, the addenda, the appendices, depositions filed under Rule 14(e), and findings of fact made under Rule 14(f).

(h) Briefs and Oral Argument. Oral argument will be permitted in accordance with Rule 12.

[Effective January 1, 1980; amended effective January 1, 1992; July 1, 1994; September 1, 1995, January 1, 2002.]

(a) Service. Unless otherwise provided in these rules, every pleading, brief, record, designation, motion or other paper required by these rules to be served upon another party shall be served in the following manner:

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

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

(3) If no appearance has been made by a party, either in the appeal or in the action from which the appeal is taken, no service is necessary. Service shall be made upon an attorney or party by delivering a copy to him, or by mailing a copy to his last known address. In original jurisdiction cases, service shall be made by any method prescribed by Rule 4 of the Rules of Civil Procedure. Delivery within this rule means personally handing a copy to the party or attorney, or leaving a copy with a clerk or other responsible person at the office of an attorney. Service by mailing is complete upon mailing.

(b) Filing. All papers required to be served upon a party shall be filed with the Court within a reasonable time after service.

(c) Certificate of Service. Papers presented for filing shall contain an acknowledgement of service by the person served or proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The Clerk may permit papers to be filed without acknowledgement or proof of service, but shall require such to be filed promptly thereafter.

(a) Computation of Time. In computing any period of time prescribed by these rules, by an order of the Supreme Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President, Congress of the United States, Governor, or Legislature of West Virginia.

(b) Enlargement of Time. The Court for good cause shown may upon motion enlarge the time prescribed by these rules or by its order for doing any act, or may permit an act to be done after the expiration of such time.

(c) Additional Time After Service by Mail. Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and the paper is served by mail, three days shall be added to the prescribed period.

(a) Content of Motions; Response; Reply. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with service on all other parties. The motion shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion. A reply to a response to a motion may not be filed.

(b) Determination of Motions for Procedural Orders. Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders may be acted upon at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action.

(c) Form of Papers; Number of Copies. All papers relating to motions may be typewritten. Five copies shall be filed with the original, but the Supreme Court may require that additional copies be furnished.

(d) Hearing. No oral argument shall be held on any motion, unless requested by the Supreme Court.”

RULE 18. MOTIONS TO DISMISS THE APPEAL

(a) By Party. At any time after the granting of an appeal, any party to the action appealed from may move the Supreme Court to dismiss the appeal on any of the following grounds: (1) failure to properly perfect the appeal; (2) failure to obey an order of the Court; (3) failure to comply with these rules; (4) lack of an appealable order, ruling, or judgment; or (5) lack of jurisdiction. Such motion shall be filed and served in accordance with Rule 17, together with a memorandum of authorities.

(b) By Court. The Supreme Court may on its own motion notify any party who is in violation of the grounds set out in subsection (a) and fashion appropriate sanctions including the dismissal of the appeal.

(c) Response. Any party against whom sanctions are sought under subsection (a) or (b) may file a response within twenty days after receipt of the motion for sanctions.

(d) Hearing. No oral argument shall be held on such motion, unless requested by the Court.

[Effective January 1, 1980; amended effective October 16, 1985.]

RULE 19. MOTION FOR BRIEF AS AN AMICUS CURIAE

A brief of an amicus curiae may be filed by leave of Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the State of West Virginia or an officer or agency thereof, or by a county or municipality. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Except with the consent of all parties, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the brief will support unless the Court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae to participate in the oral argument will be granted only for extraordinary reasons.

[Effective January 1, 1980; amended effective September 1, 1995.]

RULE 20. ENTRY OF JUDGMENT

The notation of a judgment in the docket constitutes entry of the judgment. The Clerk of the Supreme Court shall prepare, sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs settlement of the form of the judgment, in which event the Clerk shall prepare, sign and enter the judgment following final settlement by the Court. If a judgment is rendered without an opinion, the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.

[Effective January 1, 1980.]

RULE 21. INTEREST ON JUDGMENTS

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the circuit court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the circuit court, the mandate shall contain instructions with respect to allowance of interest.

[Effective January 1, 1980.]

RULE 22. INTERVENTION

Upon timely application, anyone shall be permitted to intervene in an original jurisdiction proceeding pending in this Court or in a case pending before this Court on a direct appeal from an administrative agency, but only when (1) a statute of this State confers an unconditional right to intervene; or (2) the representation of the applicant's interest by existing parties is or may be inadequate and the applicant is or may be bound by judgment in the action. Intervention may be permitted in other cases in the discretion of the Supreme Court.

[Effective January 1, 1980.]

RULE 23. COSTS

(a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the Court.

(b) Costs For or Against the State. In cases involving the State of West Virginia or an agency or officer thereof, if an award of 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 for or against the State.

(c) Costs of the Record. Costs for reproduction of the record are taxable as costs in accordance with Rule 9(d). No costs shall be allowed for reproduction of briefs.

(d) Clerk to Insert Costs in Mandate. The Clerk shall prepare and certify an itemized statement of costs taxed in the Supreme Court for insertion in the mandate. If the mandate has been issued before final determination of costs, the statement, or any amendment thereof, may be added to such order at any time upon request of the Clerk.

(e) Costs on Appeal Taxable in the Circuit Courts. Costs incurred in the preparation and transmission of the record, the cost of the reporter's transcript, if necessary for the determination of the appeal, and the premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal, shall be taxed in the circuit court as costs of the appeal in favor of the party entitled to costs under this rule.

[Effective January 1, 1980; amended effective September 1, 1995.]

RULE 24. PETITION FOR REHEARING

(a) Time for Filing; Content; Answer; Action by Court if Granted. A petition for rehearing, together with eight copies thereof, may be filed within thirty days after release of the entry of judgment unless the time is shortened or enlarged by order. The petition shall state with particularity the points of law or fact which in the opinion of the petitioner the Court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted unless the Court otherwise orders. No answer to a petition for rehearing is required, but if the rehearing petition is granted the other parties shall be notified and may be requested to file further a counter-petition and memorandum of authorities. If a petition for rehearing is granted, the Court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case.

(b) Service of Petition; Length. The petition for rehearing shall be served upon all parties. Except by permission of the Court, a petition for rehearing shall not exceed fifteen pages of double-spaced standard typographical printing.

[Effective January 1, 1980; amended effective July 11, 1985; July 7, 1998.]

RULE 25. ISSUANCE OF MANDATE; STAY OF MANDATE

(a) Date of Issuance. The mandate of the Court shall issue thirty days after the entry of judgment, unless the time is shortened or enlarged by order. Unless otherwise provided by the Court, its judgment is not effective until issuance of the mandate. A certified copy of the judgment and a copy of the opinion of the Court, if any, and any direction as to the costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is denied, the mandate shall issue seven days after entry of the order denying the petition unless the time is shortened or enlarged by order.

(b) Stay of Mandate Pending Application for Certiorari. A stay of the mandate pending application to the Supreme Court of the United States for a writ of certiorari may be granted upon motion, reasonable notice of which shall be given to all parties. The stay shall not exceed ninety days unless the period is extended for good cause shown. If during the period of the stay there is filed with the Clerk of the Supreme Court a notice from the Clerk of the Supreme Court of the United States that the party who has obtained the stay has filed a petition for the writ in that court, the stay shall continue for an additional thirty days to permit the party to seek a further stay from that court. Upon the expiration of the thirty days or upon the filing of an order of the Supreme Court of the United States denying the petition for writ of certiorari, the mandate shall issue immediately. A bond or other security may be required as a condition to the grant or continuance of a stay of the mandate.

[Adopted effective July 1, 1994.]

RULE 26. DISMISSAL

(a) Voluntary Dismissal. If the parties to an appeal or other proceeding shall sign and file with the Clerk of the Supreme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the Clerk shall enter the case dismissed. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the Court.

(b) Involuntary Dismissal. Upon the granting of a motion to dismiss under Rule 18, the case shall be dismissed from the docket of the Supreme Court. A case which has been set for argument in accordance with Rule 11 and has remained on the argument calendar for three successive terms may, at the end of said third term, be considered as abandoned and be dismissed at the cost of the appellant. The Clerk of the Supreme Court shall notify by certified mail the parties through their counsel twenty days in advance of the date of the proposed dismissal, and unless sufficient cause in writing is shown to the Court to justify a continuance prior to the end of the twenty days, the case shall be dismissed from the docket.

[Former Rule 25 effective January 1, 1980; renumbered as Rule 26, effective July 1, 1994.]

RULE 27. SUBSTITUTION OF PARTIES

(a) Death of a Party. If a party dies after an appeal is granted, or while a proceeding is otherwise pending in the Supreme Court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the Clerk. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 15. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the circuit court, but before an appeal is granted, an appellant may proceed as if death had not occurred. If the appeal is granted, substitution shall be effected in the Supreme Court in accordance with this subdivision. If a party entitled to appeal shall die before an appeal is granted, the notice of appeal and petition may be filed and presented as if death had not occurred by his personal representative, or, if he has no personal representative, by his attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in accordance with this subdivision.

(b) Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a).

(c) Public Officers; Death or Separation From Office. (1) When a public officer is a party to an appeal or other proceeding in the Supreme Court in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded.

(2) When a public officer is a party to an appeal or other proceeding in his official capacity, he may be described as a party by his official title rather than by name, but the Court may require his name to be added.

[Former Rule 26 effective January 1, 1980; renumbered as Rule 27, effective July 1, 1994.]

RULE 28. FORM AND FILING OF BRIEFS AND OTHER PAPERS

(a) General Rule Regarding Paper Size, Format, and Spacing. All briefs and other papers shall be printed or typed and reproduced by any duplicating or copying process which produces a clear black image on white paper. The individual copies shall be securely bound with metal staples or fasteners at the top left corner and the page size shall be eight and one-half inches by eleven inches. The text shall be double-spaced and be no smaller than twelve point proportionally spaced or eleven point nonproportionally spaced type. Footnotes and indented quotations may be single-spaced and footnote text shall be no smaller than eleven point proportionally spaced or ten point nonproportionally spaced type. Margins shall be no less than one inch.

(b) Cover Page and Caption. The cover page of petitions, responses, and briefs shall contain (1) the name of the appellate court; (2) the number of the case, if assigned; (3) the title of the case; (4) a brief descriptive title indicating the nature of the document; and (5) the name, address, and telephone number of the counsel or party, if unrepresented by counsel, filing the document. A motion or response to a motion shall contain a caption setting forth (1) the name of the appellate court; (2) the number of the case, if assigned; (3) the title of the case; and (4) a brief descriptive title indicating the nature of the document. A motion or response to a motion shall also contain the name, address, and telephone number of the counsel or party, if unrepresented by counsel, filing the document.

(c) General Rule Regarding Time for Filing. Except by permission or order of the Court, no pleading shall be filed less than forty-eight hours prior to oral presentation or argument of a proceeding.

(d) Improper Form or Filing of Briefs and Other Papers. The Clerk of the Supreme Court of Appeals may refuse to accept for filing a brief or other paper which does not comply with the Rules of Appellate Procedure and is unaccompanied by a motion for leave to file such brief or other paper despite such noncompliance. If a brief or other paper 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 any resubmission out of time.

[Adopted effective September 1, 1995.]

RULE 29. DISQUALIFICATION

(a) Motions for Disqualification. In any proceeding, any party may file a written motion for disqualification of a justice within thirty days after discovering the ground for disqualification and not less than seven days prior to any scheduled proceedings in the matter. If a motion for disqualification is not timely filed, such delay may be a factor in deciding whether the motion should be granted.

(b) Grounds for Disqualification. A justice shall disqualify himself or herself, upon proper motion or sua sponte, in accordance with the provisions of Canon 3(E)(1) of the Code of Judicial Conduct or, when sua sponte, for any other reason the justice deems appropriate.

(c) Contents of Motion. The motion shall be addressed to the justice whose disqualification is sought and shall state the facts and reasons for disqualification, including the specific provision of Canon 3(E)(1) of the Code of Judicial Conduct asserted to be applicable, and shall be accompanied by a verified certificate of counsel of record or unrepresented party that he or she has read the motion; that to the best of his or her knowledge, information, and belief formed after reasonable inquiry that it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(d) Sanctions for Improper Motion. If a motion is signed in violation of paragraph (c) of this rule, the Court, with or without the participation of the justice whose disqualification was sought, upon motion or upon its own initiative, may refer the matter to the appropriate disciplinary authority or may impose upon the person who signed it, an unrepresented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of the motion, including reasonable attorney fees.

(e) Filing of Motion. An original and five copies of the motion shall be filed with the Clerk of the Supreme Court with service on all parties. Upon filing of the motion, the Clerk of the Supreme Court shall examine it to determine whether it conforms with the requirements of paragraph (c) and, retaining the original for the record, shall return the five copies to the movant with instructions for correction of any nonconformity. The movant thereafter shall promptly advise the Clerk of the Supreme Court in writing of the abandonment of the motion or shall file an original and five copies of a corrected motion, with service on all parties. Once a proper motion is received, the Clerk of the Supreme Court shall promptly deliver a copy of the motion to each of the justices.

(f) Decision on Motion. The justice shall promptly notify the Clerk of the Supreme Court of his or her decision on the motion for disqualification and the Clerk of the Supreme Court shall promptly notify the other justices and the parties of such decision.

(g) Appointment of Substitute Justice. When any justice shall disqualify himself or herself pursuant to the provisions of this rule, the chief justice or acting chief justice may, in his or her discretion, assign a senior justice, senior judge, or circuit judge to service for the disqualified justice. The chief justice shall promptly notify the Clerk of the Supreme Court of his or her decision regarding the necessity of the appointment of a substitute justice and the Clerk of the Supreme Court shall promptly notify the other justices and the parties of such decision.

[Adopted effective April 3, 1996.]

APPENDIX A. SUPREME COURT OF APPEALS OF WEST VIRGINIA DOCKETING STATEMENT--INSTRUCTIONS

1. A docketing statement must be filed for every civil and criminal case appealed to the Supreme Court of Appeals. A docketing statement is not required for petitions for appeal from administrative tribunals, petitions for certified question review, petitions for post-conviction bail, or petitions for original jurisdiction relief.

2. The docketing statement must be attached to the original and each copy of the petition for appeal, including those served upon opposing counsel or parties unrepresented by counsel. The docketing statement must be in the form approved by the Supreme Court of Appeals or in a substantially similar form. Abbreviations may be used in the case style portion of the docketing statement.

3. The attorney filing the petition for appeal is responsible for filing the docketing statement, even if different counsel will handle the appeal. 4. Only one docketing statement shall be filed for each petition for appeal. In the case of multiple petitioners joining in one petition for appeal, the parties should confer and decide who will file the docketing statement.

5. The nature of proceedings and relief sought should be stated summarily. The docketing statement is not a brief and should not contain argument or motions. The issues should be expressed in terms and circumstances of the case but without unnecessary detail. Conclusory statements such as "the judgment of the trial court is not supported by the law or facts" are unacceptable.

6. Counsel or parties unrepresented by counsel should make every effort to include in the docketing statement all of the issues to be presented to the Supreme Court of Appeals. Failure to include all issues or the manner of presenting issues in the docketing statement, however, will not affect the jurisdiction of the Supreme Court of Appeals to consider the issues as presented in the petition.

7. If a respondent concludes that the docketing statement is inaccurate or incomplete, such inaccuracies or omissions should be addressed in the response to the petition for appeal.

SUPREME COURT OF APPEALS OF WEST VIRGINIA
DOCKETING STATEMENT

Style: ______________________________                                          Type of Action
         ______________________________                                           [ ] Civil
                                                       Plaintiff(s)                                                [ ] Criminal

vs.

         ______________________________                                           Petitioner(s)
         ______________________________                                           [ ] Plaintiff(s)
                                                  Defendant(s)                                               [ ] Defendant(s)

Circuit: __________________________
County: ___________________________
Judge: ____________________________
Circuit Number: ___________________

A. Timeliness of Appeal

1. Date of entry of judgment or order appealed from: _______________________
2. Filing date of any post-judgment motion filed by any party pursuant to
R.Civ.P. 50(b), 52(b), or 59: _________________________________
3. Date of entry of order deciding post-judgment motion: ___________________
4. Date of filing of petition for appeal: __________________________________
5. Date of entry of order extending appeal period: _________________________
6. Time extended to: _______________________________________________________

B. Finality of Order or Judgment

1. Is the order or judgment appealed from a final decision on the merits as
to all issues and parties? Yes ( ) No ( )
2. If no, was the order or judgment entered pursuant to R.Civ.P. 54(b)?
Yes ( ) No ( )
3. Has the defendant been convicted? Yes ( ) No ( )
4. Has a sentence been imposed? Yes ( ) No ( )
5. Is the defendant incarcerated? Yes ( ) No ( )

C. Has this case previously been appealed? Yes ( ) No ( )

If yes, give the case name, docket number, and disposition of each prior
appeal on a separate sheet.

D. Are there any related cases currently pending in the Supreme Court of
Appeals or Circuit Court? Yes ( ) No ( )
If yes, cite the case and the manner in which it is related on a separate
sheet.

E. State the nature of the suit, the relief sought, and the outcome below.
[Attach an additional sheet, if necessary].

F. Issues to be raised on appeal. [Attach an additional sheet, if necessary].

1. _______________________________________________________________________
_______________________________________________________________________
________________________________________________________________________

2. _______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

3. _______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

4. _______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

G. Do you wish to make an oral presentation of the petition? Yes ( ) No ( )

H. Has the entire or only portions of the record been designated?
Entire ( ) Portion ( )

I. If the appeal is granted, do you desire reproduction of the record or that
the case be heard on the original record? Reproduced ( ) Original ( )

J. List each adverse party to the appeal. Attach additional sheets if
necessary. If no attorney, give address and telephone number of the
adverse party.

1. Adverse party _________________________________________________________
   Attorney ______________________________________________________________
   Firm _________________________________________________________________
Address _______________________________________________________________
               _______________________________________________________________
Telephone ______________________________________________________________

2. Adverse party __________________________________________________________
   Attorney _______________________________________________________________
   Firm __________________________________________________________________
Address ________________________________________________________________
               ________________________________________________________________
Telephone ______________________________________________________________

K. Petitioner(s) name: _______________________________________________________
     If incarcerated, give institutional address
     Address ______________________________________________________________
                   ______________________________________________________________
Telephone   ______________________________________________________________

L. Attorney or pro se litigant filing Docketing Statement.
    Will you be handling the appeal? (In criminal cases, counsel below will
     handle the appeal unless relieved by the court). Yes ( ) No ( )
Name ___________________________________________________________________
Attorney ( ) Pro Se ( )
Firm _____________________________________________________________________
Address __________________________________________________________________
          ____________________________________________________________________
Telephone_________________________________________________________________

If this is a joint statement by multiple petitioners, add the names and
addresses of the other petitioners and counsel joining in this Docketing
Statement on an additional sheet, accompanied by a certification that all
petitioners concur in this filing.

Signature ______________________________
Date __________________________________

ATTACH:

1. ADDITIONAL PAGES, IF ANY, CONTAINING EXTENDED ANSWERS TO
QUESTIONS ON THIS FORM.

2. A COPY OF THE ORDER OR JUDGMENT FROM WHICH THE APPEAL IS TAKEN.

3. A CERTIFICATE OF SERVICE.

[Adopted effective September 1, 1995.]

APPENDIX B.
GUIDELINES FOR PREPARATION OF APPELLATE
TRANSCRIPTS IN WEST VIRGINIA COURTS

I. INTRODUCTION

A. Purpose.
These guidelines set forth in detail the following:
1. Duties of the circuit clerk's office, the petitioner and the respondent in requesting appellate transcripts;
2. Responsibilities of the court reporter for preparing and timely filing appellate transcripts;
3. Duties of the Clerk of the Supreme Court of Appeals in monitoring the timeliness of the filing of appellate transcripts;
4. Procedures for court reporters to follow in requesting extensions of time and waivers of fee sanctions;
5. Criteria to be used by the Supreme Court of Appeals in acting on requests for extensions and waivers; and
6. Common problems that have been encountered by court reporters and the Supreme Court of Appeals in the requesting, preparation and filing of appellate transcripts.

B. Relation to Other Court Rules.
These guidelines shall be construed in a manner consistent with Rule 73(b) of the West Virginia Rules of Civil
Procedure, Rule 37(b) of the West Virginia Rules of Criminal Procedure and the West Virginia Rules of Appellate Procedure.

C. Effective Date.
These guidelines will take effect on January 1, 1996, and will apply to all cases subject to the West Virginia Rules of Civil Procedure and the West Virginia Rules of Criminal Procedure in which a transcript is requested after that date for purposes of appeal.

D. Definitions.
For purposes of these guidelines, references to the petitioner or the respondent will refer to counsel for the petitioner or the respondent unless a party is proceeding pro se, in which case all duties and responsibilities are those of the petitioner or the respondent individually.
References to transcripts will mean transcripts requested for purposes of appeal only.

II. REQUESTING TRANSCRIPTS

A. Duties of Circuit Clerk's Office.

1. The circuit clerk will post copies of these guidelines in a conspicuous place in the clerk's office and will provide copies thereof to substitute or contract court reporters and to any other person who requests them.
2. The circuit clerk will maintain in his or her office a supply of the Appellate Transcript Request forms promulgated by the Supreme Court of Appeals and shall provide such forms to any person who requests a copy thereof.
3. The circuit clerk will retain in his or her office a copy of the completed Appellate Transcript Request form filed by the petitioner.

B. Duties of the Petitioner.

1. Within thirty days after entry of the judgment or order from which the appeal is being taken, the petitioner shall request from the court reporter such transcript of the proceedings as he or she deems necessary using the Appellate Transcript Request form approved by the Supreme Court of Appeals.
2. Before a transcript can be requested, the petitioner must obtain from the court reporter an estimate of the length of the transcript and make appropriate financial arrangements with the court reporter (1) by immediate payment in full or by another payment arrangement acceptable to the court reporter, (2) by filing, in appropriate cases, an affidavit of indigency with the circuit clerk's office. Payment or acknowledgement of financial arrangements satisfactory to the court reporter must accompany the court reporter's copy of the Transcript Request.
3. To request a transcript, the petitioner shall complete the Appellate Transcript Request form furnished by the circuit clerk's office and distribute the copies as follows:
Copy 1--to the Clerk of the Supreme Court of Appeals
Copy 2--to the respondent
Copy 3--to the circuit clerk
Copy 4--to the court reporter
Copy 5--retain by petitioner
A separate Appellate Transcript Request form must be prepared for each court reporter from whom a transcript is requested.
4. The petitioner's failure to request a transcript within the time specified, to make satisfactory financial arrangements with the court reporter, or to specify in adequate detail those proceedings to be transcribed may result in denial of motions for extension of the appeal period or subject the appeal to dismissal by the Supreme Court of Appeals for want of prosecution.
5. When supplemental transcripts are requested, the petitioner must complete another Appellate Transcript Request form, make satisfactory financial arrangements with the court reporter, and distribute copies to the same persons to whom the original Transcript Request was sent.
6. The court reporter may defer payment at the time transcript is requested, in which case the petitioner must make full payment upon receipt of the court reporter's invoice. If payment is not received by the court reporter within a reasonable period of time, the Supreme Court of Appeals may deny motions for extension of the appeal period or dismiss the appeal for want of prosecution.
7. When a petitioner has requested a transcript, he or she is obligated to pay the court reporter for it. If the appeal is dismissed voluntarily, the petitioner is nonetheless responsible to the court reporter for the cost of transcript prepared prior to the court reporter's receipt of notification from the petitioner of the appeal's dismissal.

C. Duties of the Respondent.

1. If the respondent deems a transcript of other parts of the proceedings not designated by the petitioner to be necessary, he or she may ask the court reporter to prepare a transcript of such additional parts by submitting a Appellate Transcript Request form upon the same terms and conditions as are applicable to the petitioner's request for a transcript.
2. If the respondent wishes to obtain a copy of a transcript which has been requested by the petitioner, he or she may do so by asking the court reporter. Satisfactory financial arrangements must be completed with the court reporter before obtaining the copy. It is not the petitioner's responsibility to request and pay for a copy of the transcript for respondent.

D. Duties of the Court Reporter.

1. Upon receipt of the Appellate Transcript Request form, the court reporter shall prepare the required transcript within 45 days.
2. The court reporter shall promptly notify the Clerk of the Supreme Court of Appeals of any problem with the Transcript Request, such as the petitioner's failure to make appropriate financial arrangements or inadequate identification of the transcript requested. Failure to notify the Clerk of the Supreme Court of Appeals of such problems promptly after receipt of the Transcript Request may result in sanctions against the court reporter.
3. When the transcript has been completed, the court reporter will file the original transcript in the circuit clerk's office and mail a copy of the court reporter's certification, setting forth the date the transcript was filed, to the Supreme Court of Appeals.
4. Unless an extension is granted by the Clerk of the Supreme Court of Appeals, requests by a petitioner that a court reporter suspend or delay preparation of a transcript will have no effect on the date the transcript is due, or on the petitioner's obligation to pay for it when it is prepared. The only exception is when a motion for voluntary dismissal of the appeal has been
granted; in that instance the petitioner is responsible for paying only for that portion of the transcript completed prior to the court reporter's receipt of notification from the petitioner of the appeal's dismissal.

E. Duties of Supreme Court of Appeals.

1. Failure to submit the Appellate Transcript Request form on time may result in denial of motions for extension of the appeal period or subject the appeal to dismissal by the Supreme Court of Appeals for want of prosecution.
2. When the Clerk of the Supreme Court of Appeals receives the Appellate Transcript Request form, it will be reviewed for any obvious defects (e.g., multiple court reporters on one form, or incompleteness as far as nature of proceedings requested or certification of satisfaction of financial requirements).

III. TIME LIMITS FOR FILING TRANSCRIPTS--FEE REDUCTION SANCTIONS

A. Requests for Extensions of Time.

All court reporters' requests for extensions of time for the filing of appellate transcripts shall be submitted to the Clerk of the Supreme Court of Appeals. A request for a 15-day extension of the initial 45-day period may be made by telephone, but all subsequent requests for extensions of time must be in writing, on the designated form. A request for an extension of time will automatically constitute a corresponding request for a waiver of any applicable fee reduction sanction. Requests for extensions must be mailed 10 days in advance of the deadline from which relief is sought, unless unforeseen circumstances make later requests necessary, in which case the reasons will be set out by the court reporter in the request. When requesting an extension, the information furnished should be very specific. Failure to submit complete information will delay action on the request and lead to additional paperwork for the court reporter. After reviewing the request for extension, the Supreme Court of Appeals will issue an order granting, granting in part, or denying the request, which will set forth the resulting time frames for purposes of fee sanction imposition. Counsel and the circuit clerk will also receive copies of this order.

B. Grounds for Extensions of Time.

1. Excessive Burden of Transcript, Considering Length and Complexity of the Proceedings Requested Within a Short Period of Time. A court reporter may apply for relief from applicable fee sanctions on grounds of excessive transcript load and ask that the Supreme Court of Appeals assign relative priority to be given to competing appellate transcript requests. The existence of outstanding overdue transcripts may or may not be grounds for extending the time for subsequently requested transcripts. The court reporter may include transcript obligations for the circuit court as well as those requested for appellate purposes. However, the requests must be "firm requests". A "firm request" for an appellate transcript is one for which the Supreme Court of Appeals has received a Appellate Transcript Request form from the petitioner. For a circuit court transcript it is a request communicated by a judge or a party; it cannot be a court reporter's speculation that a request will be forthcoming.

2. Vacation. A court reporter can plan to take reasonable vacations, as authorized by the circuit court, and obtain extensions of deadlines that would fall within those periods or become impossible to meet in light of them.
3. Unavoidable, Excessive Time Required for Attendance in Court. Reasonable extensions of time may be given when a court reporter's courtroom obligations, including official travel required to reach the courtroom, prevent him or her from meeting transcript obligations.
4. Incapacitation or Serious Illness. A court reporter may certify to the Clerk of the Supreme Court of Appeals that he or she has become temporarily incapacitated or seriously ill, and obtain reasonable relief from pending deadlines. No extension of time will be granted for common colds or other ailments that would not prevent attendance in court.

5. Unforeseen Emergencies. Court reporters may seek extensions for any other good cause which makes the completion of a transcript within the allotted time impossible.

IV. SANCTIONS

A. Fee Reduction Sanctions.
An official court reporter will be required to deduct from his or her charges for a completed transcript not timely filed with the circuit clerk the amount specified in the following table:

NATURE OF CASE	TRANSCRIPT DUE	10% FEE REDUCTION	20% FEE REDUCTION FREELANCE REVOCATION	20% FEE REDUCTION PAYCHECK WITHHELD
Criminal appeals and civil appeals.	Within 45 days.	If filed after 45th day*	If filed after 60th day*	If filed after 90th day*
Expedited transcripts (e.g. bail petitions, etc.)	As ordered by the Supreme Court of Appeals	If due date missed	If due date missed by more than 30 days	If due date missed by more than 60 days

* If an extension of time has been granted by the Clerk of the Supreme Court of Appeals, the sanction will not be applied until the expiration of such extension.

V. MONITORING OF TRANSCRIPT FILING

The Clerk of the Supreme Court of Appeals will monitor the filing of all appellate transcripts and the fees charged by court reporters when a transcript is filed untimely. The fee sanction mechanism is automatic and will take effect without the filing of a sanction order by the Supreme Court of Appeals.
The Supreme Court of Appeals will take no action if the transcript is filed on time or, if not filed on time, where the appropriate fee reduction has been taken as shown by the copy of the certification that the court reporter submitted to the Supreme Court of Appeals when the transcript was filed. If a fee reduction was applicable and was not taken by the court reporter, the Supreme Court of Appeals will send a letter to the court reporter setting forth the fee reduction that should have been taken. Copies of this letter will be sent to counsel and the judge to whom the court reporter reports or the chief judge of the circuit. If the certification is not submitted within a reasonable period after the filing of the transcript, the court reporter will be requested to submit a copy of his or her invoice.
The Supreme Court of Appeals will also send a letter to the chief judge when a transcript is sixty days overdue. The letter will identify the particular transcript involved and the date of the request. Copies of the letter will be sent to the judge (if any) to whom the court reporter reports, the circuit clerk, and the court reporter.

VI. COMMON PROBLEMS

A. Supplemental Transcripts. Supplemental transcripts requested after the original transcript has been filed and a briefing schedule established by the Supreme Court of Appeals should be expedited. Counsel is under an obligation to notify the Clerk of the Supreme Court of Appeals that a supplemental transcript has been requested.
B. Expedited Proceedings. When a transcript is requested for an expedited proceeding, the due date for filing the transcript is established by the Supreme Court of Appeals. If an expedited transcript is requested and prepared within seven days after receipt or notification of the request, the court reporter may charge higher rates for expedited transcripts, subject to review
by the Administrative Director.
Only those portions of the transcript pertinent to the appeal must be prepared on an expedited basis. The court reporter will be notified by the Supreme Court of Appeals when a motion to expedite has been granted.
In bail appeals, only the portion of the transcript dealing with the bail issue should be requested on a rush basis. Even though there may be other portions of the transcript that the petitioner has requested, the portion dealing with the bail issue should be prepared first. In expedited proceedings, a twenty percent fee sanction from the regular transcript rate will be imposed if the due date is missed. At the same time, a letter will be sent to the chief judge of the circuit court, advising of the delinquency and
warning of further sanctions if the transcript is not filed immediately. IF THE COURT REPORTER ANTICIPATES A PROBLEM WITH PROMPT PREPARATION OF AN EXPEDITED TRANSCRIPT, THE SUPREME COURT OF APPEALS SHOULD BE NOTIFIED IMMEDIATELY.
C. Payment for Transcript.
The Supreme Court of Appeals approves of court reporters demanding a substantial deposit or full payment in advance for
preparation of a transcript. In those instances where a court reporter does not demand full payment in advance, and upon transcript completion has not been paid fully by the petitioner, the following procedures should be followed:
1. Timely file the court copy of the transcript with the circuit clerk's office.
2. Contact the Clerk of the Supreme Court of Appeals immediately. A letter will be sent to the petitioner stating that if full payment is not made to the court reporter within fifteen days of the date of the letter, the appeal will be subject to dismissal for failure to prosecute.
Fee reduction sanctions will be applicable if the court copy of the transcript is not timely filed. Problems with payment for the transcript after its completion will have no effect on the established due date.
D. Substitute Court Reporters.
When an official court reporter hires a substitute, the official court reporter still retains responsibility for the timely filing of the transcript. All provisions applicable to an official court reporter will be applicable to the substitute. If there is a problem with the filing of a transcript, the official court reporter will be notified as well as the substitute court reporter. All correspondence and orders by the Supreme Court of Appeals will be sent to both court reporters. The substitute can request extensions of time and waivers of applicable fee sanctions from the Supreme Court of Appeals. However, all guidelines applicable to the official court reporter will be applicable to the substitute court reporter and the proper procedures for requesting extensions must be followed.

APPELLATE TRANSCRIPT REQUEST

READ INSTRUCTIONS ON BACK OF LAST PAGE BEFORE COMPLETING

Case Style ____________________________________________________________________

Civil/Criminal Action No. ______________________________ County ______________

Date of Judgment or Order from which Appeal is Sought _________________________

Name of Court Reporter/ERO ____________________________________________________

Address of Court Reporter _____________________________________________________

TO BE COMPLETED BY PARTY REQUESTING TRANSCRIPT

DO NOT SUBMIT FORM UNTIL FINANCIAL ARRANGEMENTS HAVE BEEN MADE WITH THE COURT REPORTER. FAILURE TO MAIL THIS FORM TO APPROPRIATE PERSONS WITHIN THIRTY (30) DAYS OF THE JUDGMENT BEING APPEALED MAY RESULT IN DENIAL OF MOTIONS FOR EXTENSION OF THE APPEAL PERIOD OR DISMISSAL OF THE APPEAL FOR WANT OF PROSECUTION. A SEPARATE TRANSCRIPT REQUEST MUST BE COMPLETED FOR EACH COURT REPORTER FROM WHOM A TRANSCRIPT IS REQUESTED.

A. This constitutes a request for a transcript of the following proceedings[check appropriate box(es) ].

PROCEEDING HEARING DATE(S)

( ) Voir Dire                                                               ______________________________
( ) Opening Statement (Plaintiff)                                  ______________________________
( ) Opening Statement (Defendant)                             ______________________________
( ) Closing Argument (Plaintiff)                                   ______________________________
( ) Closing Argument (Defendant)                              ______________________________
( ) Opinion of Court                                                  ______________________________
( ) Jury Instructions                                                   ______________________________
( ) Sentencing                                                           ______________________________
( ) Bail Hearing                                                         ______________________________
( ) Pre-Trial Proceedings (specify)

_________________________________________ ______________________________
_________________________________________ ______________________________
_________________________________________ ______________________________
( ) Testimony (specify)
_________________________________________ ______________________________
_________________________________________ ______________________________
( ) Other (specify)
_________________________________________ ______________________________
TOTAL ESTIMATED PAGES ____________________

NOTE: FAILURE TO SPECIFY IN ADEQUATE DETAIL THOSE PROCEEDINGS TO BE
TRANSCRIBED IS GROUNDS FOR DENIAL OF EXTENSIONS OF THE APPEAL
PERIOD OR DISMISSAL OF AN APPEAL

B. I certify that I have contacted the court reporter and satisfactory financial arrangements for payment of the transcript have been made.

( ) Private funds. (Deposit of $________ enclosed with court reporter's copy. Check No. ________).
( ) Petitioner has filed an affidavit of indigency with the circuit clerk's office.
( ) Advance payment waived by court reporter.
( ) Other ___________________________________________________________________

Signature _________________________ Typed Name ________________________________
Address _____________________________________________________________________
Telephone No. __________ Date mailed to court reporter ________________________

INSTRUCTIONS TO COURT REPORTER

It is the petitioner's responsibility to contact the court reporter and make satisfactory financial arrangements before completing the Appellate Transcript Request form. Petitioner must mail the form to the court reporter and all other parties within thirty days after the judgment being appealed.
Written requests for extension of time and waiver of applicable fee reduction sanctions must be addressed to the Clerk of the Supreme Court of Appeals for any transcript which cannot be completed within the required time. Information furnished in support of the request must be very specific and follow the procedures set forth in the Guidelines for Preparation of Appellate Transcripts (copies of these Guidelines are available in the circuit clerk's office). THE CLERK OF THE SUPREME COURT OF APPEALS WILL GRANT WAIVERS SPARINGLY AND ONLY WHEN THERE ARE EXTENUATING CIRCUMSTANCES.
Unless a written motion is filed by the petitioner with the Clerk of the Supreme Court of Appeals and an extension or waiver granted by the Supreme Court of Appeals, requests by a petitioner that a court reporter suspend or delay preparation of a transcript that has been requested will have no effect on the date the transcript is due, or on the petitioner's obligation to pay for it when it is prepared.
TO INSURE THAT ALL COPIES ARE LEGIBLE, THIS FORM SHOULD BE TYPED. IF IT IS IMPOSSIBLE TO TYPE, USE A BALLPOINT PEN, PRESS FIRMLY, AND CHECK ALL COPIES AFTER COMPLETION.

INSTRUCTIONS TO PETITIONER FOR REQUESTING APPELLATE TRANSCRIPTS

You have thirty days after judgment to complete and mail all copies of this form. DO NOT SUBMIT THIS FORM UNTIL YOU HAVE MADE SATISFACTORY FINANCIAL ARRANGEMENTS WITH THE COURT REPORTER.
1. Contact each court reporter involved in reporting the proceedings, obtain an estimate of total pages, and make arrangements for payment. If you are unsure of the court reporter(s) involved, contact the circuit clerk's office for that information. A SEPARATE APPELLATE TRANSCRIPT REQUEST FORM MUST BE PREPARED FOR EACH COURT REPORTER FROM WHOM A TRANSCRIPT IS REQUESTED. IF NECESSARY, CONTACT THE CIRCUIT CLERK FOR ADDITIONAL BLANK FORMS.
2. If payment is waived by the court reporter until completion of the transcript, the petitioner must remit full payment within a reasonable period of time upon receipt of the court reporter's invoice.
3. Complete the Appellate Transcript Request form in its entirety.
4. Distribute the copies of the Appellate Transcript Request form as follows:

Copy 1--to Supreme Court of Appeals
Copy 2--to respondent
Copy 3--to the circuit clerk
Copy 4--to court reporter
Copy 5--to be retained by petitioner

THE APPELLATE TRANSCRIPT REQUEST FORM MUST BE COMPLETED AND MAILED TO THE
PROPER DESIGNEES WITHIN THIRTY DAYS AFTER ENTRY OF THE JUDGMENT BEING APPEALED.
Failure to make satisfactory arrangements for transcript production, including necessary financial arrangements, within thirty days after entry of judgment, may result in denial of motions for extensions of the appeal period or dismissal of the appeal by the Supreme Court of Appeals for failure to prosecute.
If you have further questions, contact the Clerk of the Supreme Court of Appeals [ (304) 558-2601].

SUPREME COURT OF APPEALS OF WEST VIRGINIA

Supreme Court Docket No. _______

Civil Action/Criminal Action No. _______

Style of Case _________________________________________________________________

REQUEST FOR EXTENSION OF TIME AND WAIVER OF
APPLICABLE FEE REDUCTION SANCTION

I request that an extension of time and waiver of applicable fee reduction sanctions be given until __________ for the filing of the transcript which is due on __________. As of this date, approximately ______ pages have been completed and ______ pages are yet to be transcribed. JUSTIFICATION THEREFOR IS AS FOLLOWS:

A. Outstanding circuit court and/or appellate transcripts (include Supreme Court docket number or civil/criminal action number for each case listed) filed within 90 days of this request:

Case Name & Docket Number Date Requested Date Due Pages

B. In-court time (give total days or hours by month):
____________________________________________________________
C. Travel (give hours spent traveling to and from court by month):
____________________________________________________________
D. Vacation (list dates): __________________________________________
E. Incapacitation or serious illness (specify): ___________________________
_____________________________________________________________
F. Unforeseen emergencies (be specific): ______________________________
____________________ _____________________________
Date Court Reporter

USE ADDITIONAL SHEETS TO PROVIDE DETAIL

CERTIFICATION OF FILING OF TRANSCRIPT

Case Style ____________________________________________________________________

Civil/Criminal Action Number __________________________________________________

The transcript in the above-styled case consisted of _____ pages and was filed in the Circuit Court of _______________ County on _______________________

I certify that (check one):
___ The transcript was timely filed; or
___ A fee reduction sanction of ___ percent of the total cost of the transcript
was taken.

___________________________________
Court Reporter

[Adopted effective January 1, 1996; amended effective October 3, 1997.]

APPENDIX C.

SUPREME COURT OF APPEALS OF WEST VIRGINIA
WORKERS' COMPENSATION DOCKETING STATEMENT

Petitioner: _______________________ Respondent: _______________________

Counsel: __________________________ Counsel: __________________________

Claim No.: __________ Workers' Compensation Appeal Board No.: __________

Date of Injury/Last Exposure: _____________ Date Claim Filed: __________

Date(s) of Workers' Compensation Division Order(s): ____________________

Date of Office of Judges Order: _______________

Date of Workers' Compensation Appeal Board Order Appealed from: ________

CLAIMANT INFORMATION

Claimant's Name: ___________________________________________________________________
Nature of Injury: ____________________________________________________________________
Age: ______________________________ Education (highest): _______________________________
Occupation: _______________________ No. of Years: _____________________________________
Date of Last Employment: _____________________________________________________________

Other Claim Nos.:__________________ Status:____________________________
(Attach a separate sheet if necessary)

Are there any related petitions currently pending before the Supreme Court? [ ]Yes [ ]No

(If yes, cite the case name and the manner in which it is related on a separate sheet.)

Are there any other petitions related to this claimant which have been decided by the Supreme Court?
[ ]Yes [ ]No
(If yes, cite the case name, docket number, decision, and the manner in which it is related on a separate sheet.)

Type of issue:
[ ] TTD (Temporary Total Disability) [ ] PPD (Permanent Partial Disability) [ ] PTD (Permanent Total Disability) [ ] Medical Benefits
[ ] Occupational Pneumoconiosis [ ] Occupational Hearing Loss [ ] Occupational Disease [ ] Death or Widow Benefits

[ ] Other (specify):__________________________________________________________

FOR SUPREME COURT USE ONLY SUPERVISING JUSTICE'S VOTE

I vote: GRANT [ ] REFUSE [ ] ORAL PRESENTATION [ ]

Signature:__________________ Date:____________________________

Comments:

FOR SUPREME COURT USE ONLY SUPERVISING JUSTICE'S VOTE

I vote: GRANT [ ] REFUSE [ ] ORAL PRESENTATION [ ]

Signature:__________________ Date:____________________________

Comments:

[Adopted effective October 3, 1997.]