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RECENT RULES ORDERS


Pursuant to Article VIII Section 3 of the West Virginia Constitution, the Supreme Court of Appeals of West Virginia "shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law." See also W. Va. Code 51-1-4. The Court exercises this authority by issuing rules orders at various times throughout the year. Listed below, in reverse chronological order, are links to recent rules orders issued by the Court, along with a brief explanation of each. For more information about the amendment and promulgation of court rules, please contact the Office of the Clerk.

 

Date Description
12-03-2020

RE: Adoption of Amendments to the Rules of Appellate Procedure. On December 03, 2020, the Supreme Court of Appeals of West Virginia entered an order approving amendments to Rules 19 and 20 of the Rules of Appellate Procedure. The amendments give the respondent guardian ad litem in a case time to present oral argument separate from the time allotted to the respondent. The court also approved amendments to Rule 7, requiring the appendix record in an electronic format, and requiring that official transcript pages be numbered sequentially unless the transcripts already contain assigned page numbers.

09-17-2020

RE: Request for Public Comment on Proposed Amendments to the Rules of Appellate Procedure. On September 17, 2020, the Supreme Court of Appeals of West Virginia entered an order to consider proposed amendments to Rules 19 and 20 of the Rules of Appellate Procedure. The proposed amendments would give the guardian ad litem in a case time to present oral argument separate from the time allotted to the petitioner and respondent. The Court also considered amendments to Rule 7, requiring the appendix record in an electronic format. Comments are encouraged and must be filed in writing with the Clerk of the Court on or before October 30, 2020.

08-13-2020

In Re: Request for Public Comment on Proposed Amendments to Rule 14, Succession Planning, of the West Virginia State Bar Administrative Rules. By order entered on August 13, 2020, the Court approved a 30-day comment period of proposed amendments to Rule 14, Succession Planning, of the West Virginia State Bard Administrative Rules. Comments must be filed in writing with the Clerk of the Court on or before September 18, 2020.

07-23-2020

Re: Adoption of Proposed Amendments to Rule 38 of the Rules of Appellate Procedure. On July 23, 2020, the Supreme Court of Appeals of West Virginia entered an order approving amendments to Rule 38 of the Rules of Appellate Procedure. By that order, effective September 1, 2020, facsimile filing is eliminated in the Office of the Clerk of the Supreme Court of Appeals of West Virginia. The amendments provide that leave may be granted for litigants to file documents by electronic mail in certain circumstances.

07-23-2020

Re: Adoption of Proposed Amendments to Appendix A - Notice of Appeal - of the Rules of Appellate Procedure. On July 23, 2020, the Supreme Court of Appeals of West Virginia entered an order approving amendments to the Notice of Appeal form attached as Appendix A to the Rules of Appellate Procedure. The amendments modify three portions of the Notice of Appeal form: Sections 15 and 18 and the Appellate Transcript Request Form. Notably, Section 18 of the Notice of Appeal form requires checks that are provided to the Office of the Clerk of the Supreme Court of Appeals of West Virginia to be made out to the order of “The State of West Virginia.”

06-15-2020

RE: REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENTS TO THE WEST VIRGINIA RULES OF APPELLATE PROCEDURE. By order entered on June 15, 2020, the Court approved a 30-day comment period for a proposed amendments to Rule 38(e) of the West Virginia Rules of Appellate Procedure regarding facsimile filing. Comments are due in writing in the Office of the Clerk of Court on or before July 15, 2020.

06-15-2020

RE: REQUEST FOR PUBLIC COMMENT ON PROPOSED AMENDMENTS TO THE WEST VIRGINIA RULES OF APPELLATE PROCEDURE. By order entered on June 15, 2020, the Court approved a 30-day comment period for a proposed amendments to “Appendix A – Notice of Appeal” of the West Virginia Rules of Appellate Procedure. The proposed amendment would modify sections 15 and 18 and portions of the appellate transcript request form of the notice of appeal. Comments are due in writing in the Office of the Clerk of Court on or before July 15, 2020.

04-29-2020

RE: Terms of Use for Oral Arguments Posted to the Court's Website by order entered April 29, 2020, beginning during the January 2020 Term of Court, the Court will begin posting video recordings of oral arguments on the Calendar and Docket page of the Court’s website.

04-16-2020

RE: Extension of the Bridge the Gap Requirements and Continuing Legal Education Reporting Period by order entered April 16, 2020, the Court extends the deadlines for the Bridge the Gap program to all attorneys admitted between July 1, 2018, and April 30, 2019, and 2018-2020 CLE reporting period is extended to September 30, 2020

03-12-2020

RE: Temporary Waiver of Online Continuing Legal Education Credit Limitation by order entered March 12, 2020, the Court temporarily waives certain CLE limitations that require in-person education.