Rules of Appellate Procedure

Part IX. General Provisions

Table of Contents Full Table of Contents

Service of documents
General rule on form and filing of documents

Rule 38A. General rule on electronic filing and service of documents

Rule 38B. General rule on form and filing of paper documents

Computation and extension of time
Public access to case records and confidentiality
Substitution of parties
Media access
Definitions and rules of construction

Service of documents

Service. Unless otherwise provided in these rules, every pleading, brief, appendix, designation, motion, or other document required by these rules to be filed with the Intermediate Court or the Supreme Court shall be served upon other parties to the case in the following manner:
1. If such party is represented by an attorney, service shall be made upon such attorney, unless otherwise ordered.
2. If the party is not represented by an attorney, service shall be made upon the party.
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 documents filed. The Clerk may permit documents to be filed without acknowledgement or proof of service, but shall require such to be filed promptly thereafter.

General rule on form and filing of documents

Format. All briefs, motions, and other documents required to be filed with the Intermediate Court or the Supreme Court shall be reproduced by any process that produces a clear black image on white background. 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.
Cover page and caption. The cover page of briefs, summary responses, appendices, petitions, responses and motions shall contain (1) In the [Intermediate or Supreme] Court of Appeals of West Virginia; (2) the docket number of the case, if assigned; (3) the official caption of the case as set forth in the scheduling order, if one has issued; (4) a brief descriptive title indicating the nature of the document; and (5) the name, address, telephone number, West Virginia State Bar identification number, and e-mail address of the counsel or party, if unrepresented by counsel, filing the document.

Page limits and number of copies. Page limitations do not include the cover page, table of contents, table of authorities, or certificate of service. The page limitations required to properly file a document under these Rules are as follows:

Type of Document	Page Limit
Notice of appeal (Rule 11, Rule 13)	Form plus required attachments
Petitioner's brief and respondent's brief (Rule 10, Rule 11, Rule 13 through 15)	40 pages
Reply brief (Rule 10, Rule 11, Rule 13 through 15)	20 pages
Summary response (Rule 10, Rule 11, Rule 13 through 15)	15 pages
Appendix in appeals from lower tribunal (Rule 7) and appendix in original jurisdiction cases (Rule 16)	None
Workers' compensation docketing statement (Rule 12)	Form plus required attachments
Workers' compensation appendix (Rule 12)	None
Workers' compensation petitioner's brief and respondent's brief (Rule 12)	20 pages
Workers' compensation reply brief (Rule 12)	10 pages
Original jurisdiction petition and response (Rule 16)	40 pages
Certified question joint appendix (Rule 17)	None
Petition for rehearing and response (Rule 25)	15 pages
Motion and response (Rule 29 through 33, Rule 40, Rule 41)	15 pages
Amicus curiae briefs (Rule 30)	25 pages
Appendix by amicus curiae (Rule 30)	None
Petition for bail and response (Rule 34)	15 pages

Citations of authority. Citations of authority shall be made either in the body of a document or in footnoted form. Citation to an opinion of the Intermediate or the Supreme Court must use the full parallel citation and may indicate if the opinion is per curiam, e.g. Fauble v. Nationwide Mutual Fire Ins. Co., 222 W.Va. 365, 664 S.E.2d 706 (2008)(per curiam).
Filings immediately prior to argument. No documents shall be filed less than forty-eight hours prior to a scheduled argument in a proceeding unless specifically requested by the Intermediate Court or the Supreme Court.
Improper form or filing. The Clerk may refuse to accept for filing a brief or other document that does not comply with the Rules of Appellate Procedure and is unaccompanied by a motion for leave to file such brief or other document despite such noncompliance. If a brief or other document 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. To constitute a proper filing, a document must be received by the Clerk on or before the date it is due.

Rule 38A. General rule on electronic filing and service of documents.

Application.This rule may be referred to as the "E-Filing Rule" and shall govern electronic filing and service of documents and maintenance of case-related information in the Intermediate Court and the Supreme Court.
Definitions.

"Action" — Any matter, issue, or proceeding filed or pending before the Intermediate Court or the Supreme Court.
"Credentials" — The unique account username and password assigned to each E-Filing System registered user.
"Document" — Any pleading, motion, notice of appeal, or other document intended to be filed in an Action.
"E-File Case" — Any Action in which Documents will be electronically filed and served.
"E-Filing Rule" — Rule 38A of the Rules of Appellate Procedure.
"E-Filing Receipt" — The electronic document generated by the E-Filing System upon proper filing of a Document electronically.
"E-Filing System" — The applications that support electronic filing and service in the Intermediate Court and the Supreme Court, as designated by the Supreme Court.
"E-Filing System Administrator" — The provider of access to the E-Filing System and related support systems, as designated by the Supreme Court.
"Notice of Electronic Filing" — The electronic document generated and emailed to Users in an Action notifying Users when a Document is electronically filed.
"User" — A person who is approved by the Supreme Court to participate in the E-Filing System.

Filing of actions. Electronic filing is mandatory for all Actions in the Intermediate Court or the Supreme Court, unless otherwise provided in these rules or by order, and shall be subject to this E-Filing Rule. Parties not represented by an attorney may file Actions electronically or file paper documents with the Clerk, who shall electronically file the Actions upon receipt. The Intermediate Court, the Supreme Court, or the Clerk shall not offer to attorneys any alternative electronic document filing transmission system (including facsimile or e-mail filing), except for good cause shown.
Integration with other rules. The filing and service of Documents in an E-File Case in accordance with this E-Filing Rule shall constitute compliance with the Rule 37.
Becoming an authorized user; credentials; payment of filing fees. The E-Filing System requires Users to complete training and become registered participants in order to file and serve, receive service, access, and use the system. Each User shall provide the information necessary to complete registration, and pay all applicable fees associated with filing Actions at rates approved by the Supreme Court. Upon completion of the registration, Users receive credentials by email from the provider.
User responsibility to maintain accurate information. Users shall maintain accurate information within the E-Filing System and shall include a firm name, if any, mailing address, and email address. Participants who have set an email notification preference are solely responsible for providing an accurate, up-to-date email address and for ensuring that the email account is properly configured to receive Notices of Electronic Filing.
User responsibility for security. Each User is responsible for the confidentiality, security, and use of their Credentials. If a User becomes aware that Credentials have become compromised, the User shall take immediate measures to change Credential password or profile information.
User responsibility for compliance with rules. Use of Credentials shall constitute (a) an agreement by the User to comply with this E-Filing Rule and that any filings made under their Credentials will comply with this E-Filing Rule, and (b) an acknowledgement that the User’s email address is current, functional, and capable of receiving Documents served electronically.
User of credentials by others. A User my authorize another User to file on their behalf provided that each user utilizes their unique credentials.
Signatures. Each Document shall be deemed to have been signed by the attorney, or by the party not represented by an attorney who authorized the filing, and shall bear a facsimile or typographical signature of such person, e.g. "/s/ Adam Attorney." Each Document e-filed by or on behalf of a party shall also include the address, telephone number, and email address of the attorney or unrepresented party filing such document. Attorneys shall also include their West Virginia State Bar Identification Number or a notation that the attorney has been admitted pro hac vice. The e-filing of a Document by a lawyer, or another under the authorization of a lawyer, signed in the manner described in this Rule shall constitute a signature.
Authenticity. Documents filed electronically in accordance with these E-Filing Rules and accurate printouts of such documents shall be deemed authentic.
Preservation of originals. Where original documents exist, parties not represented by an attorney and attorney filers shall retain original documents until five (5) years following the final disposition of an Action. When necessary, the Intermediate Court or the Supreme Court may order production of original documents.
Form of document. All Documents must comply with Rule 38’s format standards and must be produced in a format and resolution that is both legible and acceptable within the E-filing System. If a Document is unable to be produced according to these standards, (audio recordings, videos, large maps, etc.), then the Document must be filed conventionally with the Clerk. Except as described in these E-Filing Rules, all Documents filed electronically shall comply with other rules or statutes.
Title and description of document. All Documents filed electronically shall be appropriately titled and described by the User within the E-Filing System. Titles contain generic document types generated by the E-Filing System, and the User must appropriately title, e.g., Motion to for Extension of Time, Motion for Leave to Supplement the Appendix Record, etc. Descriptions are entered by Users into text fields, and the User must accurately describe the Document, e.g., Petitioner’s Brief, Respondent’s Brief, etc.
E-Filing receipts; effect of E-Filing; date and time of E-filing. Once a Document is properly filed, the E-Filing System shall generate an E-Filing Receipt for that Document. A filing is not completed until the User making the filing has received the E-Filing Receipt. The Document shall be deemed filed with the Clerk in the Action on the date and time noted on the E-Filing Receipt. It is the responsibility of the User to check their Online Inbox with the E-Filing System email to view e-filed documents. Courtesy email notification of a filing shall not constitute service.
Action number. Notices of Appeal or other initiating Document filed electronically shall be filed with the Action number blank. The E-filing System automatically assigns an appropriate Action number upon completion of electronically filing the Notice of Appeal or other initiating Document.
Electronic service. Except where otherwise provided, every e-filed document shall be e-served. The E-Filing System shall generate a Notice of Electronic Filing and email it to the email address of record of the filing User and any attorney Users who have appeared in the Action who are also Users of the E-Filing System. The Notice of Electronic Filing will include the Document filed as an attachment or a link to download the Document. Upon receipt of the Notice of Electronic Filing, service is complete and effective to those parties who are Users of the E-Filing System as of the date and time listed on the Notice of Electronic Filing and shall be considered service under Rule 37. It is the responsibility of the User to check their registered email to view e-filed and served documents. Courtesy email notification of a filing shall not constitute service.
Service to parties who are not Users of the E-Filing System. A User making a filing on the E-Filing System must determine if any parties in the Action are not Users and therefore not capable of receiving electronic service. If any such non-User has appeared as a party in the Action, the User making an e-filing must provide service to the non-User using traditional service methods.
Unavailability of E-Filing System. If a party misses a filing deadline because of an inability to electronically file Documents based upon the unavailability of the E-Filing System, the party may submit the untimely Document, accompanied by a sworn declaration stating the reason for missing the deadline no later than 12:00 p.m. of the first day on which the Office of the Clerk is open for business following the original filing deadline.
Filing of sealed documents. A motion to seal documents shall be e-filed and served. However, any documents that are the subject of a motion to seal shall be physically filed with the Clerk enclosed in sealed envelopes to be opened as directed by court order.
Private information. Users must comply with Rule 40. Unless expressly required by law, Users shall not e-file any Document available to the public that contains any person’s social security, employer taxpayer identification, drivers’ license, state identification, passport, checking account, savings account, credit card, or debit card number, or personal identification (PIN) code or passwords. Redactions, where necessary, shall ensure complete privacy of the information. It shall be the sole responsibility of the User filing a Document to comply with this Rule. Neither the court nor the circuit clerk shall be responsible for reviewing Documents for compliance with this Rule.
Entry of order and judgment; notice. Orders and mandates issued by the Intermediate Court or the Supreme Court shall bear an electronic signature and an official e-filing court stamp and shall be e-filed and served. Opinions and memorandum decisions shall bear an e-filing court stamp and shall be e-filed and served. Non-Users shall be served by mail. The date of the official e-filing court stamp shall constitute the date of entry of the order, opinion, memorandum decision, or mandate. An electronic register of actions, with associated documents and filing receipts, shall be maintained as part of the E-Filing System and shall constitute the electronic docket. Documents that are e-filed constitute the official court record, and e-filed documents have the same force and effect as documents filed by traditional means.
Public access to court records. The Clerk will make available to the general public access to the electronic docket, pleadings and other documents that are not sealed or otherwise confidential. Copies made from the electronic records shall be printed by the Clerk, who shall charge standard copying fees if applicable.

Rule 38B. General rule on electronic filing and service of documents.

Self-represented parties. Self-represented parties who cannot electronically file documents under Rule 38A shall file documents in accordance with this rule.
Paper size, format, and spacing. All briefs, motions, and other paper documents to be filed with the Intermediate Court or the Supreme Court 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.
Number of copies.The number of copies required to properly file a paper document under these Rules are as follows:

Type of Document	Number Required
Notice of appeal (Rule 11, Rule 13)	Original and 5 copies
Petitioner's brief and respondent's brief (Rule 10, Rule 11, Rule 13 through 15)	Original and 10 copies
Reply brief (Rule 10, Rule 11, Rule 13 through 15)	Original and 10 copies
Summary response (Rule 10, Rule 11, Rule 13 through 15)	Original and 10 copies
Appendix in appeals from lower tribunal (Rule 7) and appendix in original jurisdiction cases (Rule 16)	Original and 1 copy
Workers' compensation docketing statement (Rule 12)	Original and 3 copies
Workers' compensation appendix (Rule 12)	1 Original
Workers' compensation petitioner's brief and respondent's brief (Rule 12)	Original and 5 copies
Workers' compensation reply brief (Rule 12)	Original and 5 copies
Original jurisdiction petition and response (Rule 16)	Original and 10 copies
Certified question joint appendix (Rule 17)	Original and 1 copy
Petition for rehearing and response (Rule 25)	Original and 10 copies
Motion and response (Rule 29 through 33, Rule 40, Rule 41)	Original and 5 copies
Amicus curiae briefs (Rule 30)	Original and 10 copies
Appendix by amicus curiae (Rule 30)	Original and 1 copy
Petition for bail and response (Rule 34)	Original and 10 copies

Improper form or filing. The Clerk may refuse to accept for filing a brief or other paper document that does not comply with the Rules of Appellate Procedure and is unaccompanied by a motion for leave to file such brief or other paper document despite such noncompliance. If a brief or other paper document 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. To constitute a proper filing, a document must be received by the Clerk on or before the date it is due. Under this rule, the mere act of placing a brief or other paper document in the mail on or before the due date does not constitute a proper filing.

Computation and extension of time

Computation of time. In computing any period of time prescribed by these rules, by an order of the Intermediate Court or 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, Martin Luther King, Jr. Day, President's Day, Memorial Day, Juneteenth Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Lincoln's 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.
Enlargement of time. The Intermediate Court or the Supreme Court for good cause shown may upon motion enlarge the time prescribed by these rules or by order for doing any act, or may permit an act to be done after the expiration of such time.
Additional time after service by mail. Whenever a party is required or permitted to do an act within a prescribed period after service and the document is served by mail, three days shall be added to the prescribed period. Provided, however, that this provision does not apply to extend the deadline provided by law or these rules for docketing or perfecting an appeal, and further does not apply to extend any deadline set forth in an order or notice of the Intermediate Court or the Supreme Court.

Public access to case records and confidentiality

General rule. In all cases in which relief is sought in the Intermediate Court or the Supreme Court, all pleadings, docket entries, and filings related thereto (hereafter "case records") shall be available for public access unless otherwise provided by law or by court rule of, or unless otherwise ordered by the Intermediate Court or the Supreme Court in accordance with this Rule.
Means of public access. Case records that are available for public access may be reviewed in person at the Clerk's Office in the State Capitol or be reviewed electronically if the records are posted to the Supreme Court's website. Case records posted to the website may include, but are not limited to: the order of the lower tribunal that is subject to the appeal, certified question, or original action; the briefs filed by the parties in cases set for argument under Rule 20, even if the case is otherwise confidential; and the orders and decisions of the Supreme Court. Case records in pending cases may be reviewed at the Clerk's Office in the State Capitol during regular business hours. Case records in disposed cases may be reviewed at the Clerk's Office during regular business hours, provided that sufficient advance notice is provided. Written requests for copies of documents must be addressed to the Clerk, be specific, and provide sufficient advance notice. Charges for copies of documents in case records provided by the Clerk's Office are set forth in an administrative order that is posted to the Court's website. There is no charge for access to case records using the Supreme Court's website.
Case records already determined to be confidential by a lower tribunal. Either in the notice of appeal or in the petitioner's brief, whichever is filed first, the appealing party shall indicate that the case record or a portion of the case record was determined to be confidential by the lower tribunal, and shall cite the authority for the confidentiality. Unless otherwise provided by order of the Intermediate Court or the Supreme Court, upon filing, the portion of the case record determined to be confidential by the lower tribunal shall remain confidential. Whenever a party files a pleading or other document that is confidential in part or in its entirety, the party shall identify, by cover letter or otherwise, in a conspicuous manner, the portion of the filing that is confidential. Any party or other person with standing may file a motion to unseal the case record or portion of a case record in the Intermediate Court or the Supreme Court, setting forth good cause why the case record should no longer be confidential. An opposing party may respond to the motion within ten days from the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order unsealing all or part of the case record, or issue an order denying the motion.
Case records not previously determined to be confidential. Any party or other person with standing may file a motion to seal the case record or portion of a case record in the Intermediate Court or the Supreme Court. The motion must state the legal authority for confidentiality. Upon filing of the motion to seal, the case record or portion of the case record that is the subject of the motion shall be kept confidential pending a ruling on the motion. An opposing party may file a response to a motion to seal within ten days of the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order sealing all or part of the case record, or issue an order denying the motion.
Personal identifiers restricted. In order to protect the identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with the Intermediate Court or the Supreme Court other than an appendix must comply with the following standards.
1. Initials or a descriptive term must be used instead of a full name in: cases involving juveniles, even if those children have since become adults; cases involving crimes of a sexual nature that require reference to the victim of such crime; abuse and neglect cases; mental hygiene cases; and cases relating to expungements.
2. Personal identifiers such as birth date and address may be used only when absolutely necessary to the disposition of the case.
3. Social Security numbers may not be used under any circumstances.
4. Sensitive financial or medical information may be used only when necessary to the disposition of the case.
Briefs in Rule 20 argument cases. Because of the important public interest in cases set for oral argument under Rule 20, briefs in Rule 20 argument cases will be posted to the Supreme Court's website, even if the case is confidential under this Rule. A party who does not wish the brief to be posted to the Supreme Court's website must file a motion to seal the brief at the time the brief is filed, and the Intermediate Court or the Supreme Court will consider the matter.
Restriction of electronic records. Any party or other person with standing may file a motion to restrict access to a case record or portion of a case record that has been posted to the Supreme Court's website. The motion shall be served upon all other parties to the case and any other concerned persons. The motion shall state good cause why access to the case record through the Supreme Court's website should be restricted and shall specifically state the relief requested. An opposing party may respond to the motion within ten days of the date of filing of the motion. Upon its consideration, the Intermediate Court or the Supreme Court may, in its discretion, issue an order granting or denying the motion and directing such action as may be appropriate. Any case record subject to restricted electronic access shall be available for public inspection in person at the Clerk's Office in the State Capitol during regular business hours.
Oral argument open to the public. All oral arguments under Rule 19 or Rule 20 are open to the public and broadcast live on the Supreme Court's website. In presenting oral argument, parties must be mindful not to disclose the identity of juveniles and other personal identifiers contained in subsection (e) of this Rule.

Substitution of parties

Death of a party. If a party dies after an appeal is filed, the personal representative of the deceased party may be substituted as a party on motion that complies with Rule 38 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 37. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Intermediate Court or the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the lower tribunal, but before an appeal is docketed, a petitioner may proceed as if death had not occurred. If the appeal is docketed, substitution shall be effected in accordance with this subdivision. If a party entitled to appeal shall die before an appeal is docketed, the notice of appeal and petitioner's brief may be filed and presented as if death had not occurred by the party's personal representative, or, if there is no personal representative, by the party's attorney of record within the time prescribed by these rules. After the notice of appeal is filed, substitution shall be effected in accordance with this subdivision.
Substitution for other causes. If substitution of a party in the Intermediate Court or the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a).
Public officers; death or separation from office. When a public officer is a party to an appeal or other proceeding in the Intermediate Court or the Supreme Court in an official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and the public officer's 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. When a public officer is a party to an appeal or other proceeding in an official capacity, that party may be described as a party by his official title rather than by name, but the Court may require that the name be added.

Media access

General rule. In proceedings that are open to the public, the Intermediate Court or the Supreme Court may, in its discretion, permit a member of the media to utilize cameras or equipment used for word processing in and around the courtrooms in which those courts may sit, provided that the orderly procedures are not impaired or interrupted.
Prior notice and compliance with rules required. Members of the media who wish to cover an Intermediate Court or Supreme Court proceeding shall notify the public information officer of the Supreme Court as far in advance as is practicable. If the public information officer of the Supreme Court is not available, the Clerk must be notified. It shall be the duty of media personnel to affirm that they have read this Rule and will abide by the same and further, to demonstrate to the public information officer, or to the Clerk, sufficiently and in advance of any proceeding, that the equipment sought to be used does not produce a distracting sound or light. A failure to provide advance notice may preclude the use of such equipment in any proceeding.
Termination of coverage. After the proceedings have commenced, the Clerk or the public information officer shall terminate coverage of any portion of the proceedings or of the remainder of the proceedings if the Clerk, or the public information officer, determines that continuing coverage is disturbing the proceeding, will impede justice, or will create unfairness for any party.
Nonjudicial meetings. Media coverage of any nonjudicial meeting or other gathering in the courtrooms shall be determined by the concurrence of the sponsoring group and the public information officer or the Clerk, and shall be conducted in accordance with this Rule. These rules shall not limit media coverage of ceremonial proceedings conducted in court facilities under such terms and conditions as may be established by the public information officer.
Equipment and personnel. Broadcast media should arrive at least thirty minutes prior to oral arguments to begin setting up equipment. All equipment must be in place and tested no less than fifteen minutes in advance of the time scheduled for the court proceeding. The following equipment and persons shall be the maximum equipment and broadcast personnel permitted to actively cover proceedings in the courtroom at any one time: (1) one portable television camera or film camera with not more than one person operating the same; (2) one still photographer with one camera and not more than two lenses and necessary related equipment. Only still camera equipment that does not produce distracting sound or light shall be employed in the courtroom. Only television equipment which does not produce distracting sound or light shall be employed in the courtroom. No artificial lighting (other than that normally present in the courtroom) shall be employed in the courtroom except that, with the concurrence of the public information officer or the Clerk, modifications and additions may be made to lighting in the courtroom, if such modification or additions are installed and maintained without public expense. Reporters who wish to utilize laptop computers to take notes must do so in an area provided for that purpose, and must be in place before proceedings begin. Space will provided on a first-come first-served basis.
Live audio feed must be used. Only film and video cameras without working audio pickup shall be employed in the courtroom. Audio recording equipment of any kind is not permitted in the courtroom. Instead, members of the media must utilize the live audio feed in a designated location in the courtroom. The live audio feed is available as a microphone level or line level signal and requires a female XLR connector. Members of the media are responsible for providing their own equipment suitable to connect to the live audio feed.
Location of equipment and personnel. Video or film camera equipment shall be positioned in such location in the courtroom as shall be designated by the Clerk. All camera equipment shall be positioned only in such area. Any additional television equipment shall be positioned in an area outside the courtroom if that is technically possible. Cables and wiring must be placed in a safe and unobtrusive manner. A still camera photographer shall position himself or herself in such location in the courtroom as shall be designated by the Clerk. The photographer shall assume a fixed position within the designated area and shall act so as not to create a disturbance or call attention to himself or herself through further movement. The photographer shall not move about the courtroom. Unless expressly permitted by the Clerk, representatives of the media shall not move about the courtroom while a proceeding is in progress, and equipment, once positioned, shall not be moved during a proceeding.
Courtroom conduct. Broadcast, print, or other media interviews will not be permitted inside the courtroom at any time. Broadcast, print, or other media interviews may be conducted in the hallway outside the courtroom in an area designated by the public information officer. Distribution of printed material, including pamphlets or flyers of any kind, is prohibited both in the courtroom and in the hallway outside the courtroom on days when the Court is in session. Photographers, videographers, and technical support staff covering a proceeding shall avoid activity that might distract participants or impair the dignity of the proceedings. All media personnel shall observe the customs of the Intermediate Court or the Supreme Court, and appropriate dress is required.
Pooling arrangements. Any pooling arrangements among those seeking to provide camera coverage shall be the sole responsibility of media persons. The Clerk, or the public information officer, will not resolve any dispute regarding the same unless a case has attracted nationwide interest. In those instances, the public information officer and Clerk will be in charge of pooling arrangements.
Rebroadcast of webcast prohibited. The live webcast of oral arguments is provided by the Supreme Court as a public service and is not intended to provide an official record of proceedings. The webcast may not be rebroadcast in any manner, in whole or in part, without the prior express written permission of the Supreme Court.
Waiver of rules. The Supreme Court may, in its discretion, modify or waive parts of this Rule when the circumstances require.

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Part IX. General Provisions

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Part IX. General Provisions