West Virginia Judiciary

Rules of Appellate Procedure

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Part I. Applicability of Rules

 

Table of Contents Full Table of Contents
  1. Scope of Rules
  2. Suspension of rules

Scope of Rules
  1. Scope of rules. These rules shall govern procedure: (1) in appeals and certified questions from lower courts and other tribunals to the Supreme Court of Appeals of West Virginia; (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, over which the Supreme Court of Appeals has jurisdiction.
  2. Purpose of rules. These rules are intended to provide a complete, expeditious, and effective method of review in all cases where a party is permitted by law to seek an appeal, review of an order, or original jurisdiction writ, in conformity with Article VIII of the West Virginia Constitution.
  3. 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.
  4. Effective Date. These rules shall be applicable to all certified questions and appeals arising from rulings, orders or judgments entered on or after December 1, 2010, and to original jurisdiction proceedings in the Supreme Court of Appeals filed on or after December 1, 2010. In cases arising from orders entered prior to the effective date, the Court may on its own motion direct the parties to comply with the revised rules in whole or in part by entering an appropriate order.

Suspension of rules

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.