As announced by Chief Justice Davis on October 19, 2010, the Revised Rules of Appellate Procedure have been promulgated and became effective on December 1, 2010. The Revised Rules were placed for public comment on May 17, 2010. The Court received a number of insightful and helpful comments. Both the comments and the Court's own consideration resulted in a number of changes to the draft revisions that were placed for public comment.
Bound copies of the Revised Rules, including the Clerk's Comments, are available upon request while supplies last. Contact the Supreme Court Clerk's Office during business hours at (304) 558-2601 to request a printed copy. You may also download the Revised Rules with Clerk's Comments [81 page PDF].
Important Notices to Filers
- Due to the passage of Senate Bill 428, there is now a $200 filing fee for docketing civil appeals (including family court cases), effective June 16, 2011. The filing fee is due when the notice of appeal is filed.
- All filings under the Revised Rules must be received in the Supreme Court Clerk's Office on the date they are due. It is not sufficient to mail filings on the date they are due. Review the Guide and the Rule 38 for more information.
Forms and Other Resources
- Guide to Preparing an Appeal from Circuit Court: The Guide was prepared by the Clerk and is intended to explain many of the practical points that are involved in preparing an appeal under the Revised Rules. It is useful to review the Guide well in advance, because there are a number of ways to make the appellate process easier if you start early. The Guide is not legal authority and is not a substitute for reading the rules carefully.
- Notice of Appeal: Use this fillable form for appeals from a final judgment of a circuit court. Print and sign the form, then file the original and five copies with the Supreme Court Clerk. Make sure to include all the necessary attachments.
- Notice of Appeal - Extra Sheet: Use this fillable form for the longer answers required in certain sections of the Notice of Appeal. Print and attach the extra sheets to the Notice of Appeal when filing.
- Sample Petitioner's Brief: Use this sample document as a guide when preparing appellate briefs.
- Workers' Compensation Docketing Statement: Use this fillable form when filing an appeal from a final order of the Workers' Compensation Board of Review. A notice of appeal os not required in workers' compensation cases.
