West Virginia NOTICE of APPEAL — EXTRA SHEET is a document used to supplement the original Notice of Appeal. It is used in cases where the original Notice of Appeal has more than two parties involved or if the parties involved would like to add additional information to the original Notice of Appeal. It is a legal document that must be filed with the Supreme Court of Appeals of West Virginia. There are three types of West Virginia NOTICE of APPEAL — EXTRA SHEET: 1) Petition for Rehearing; 2) Petition for Hearing En Band; and 3) Petition for Writ of Certiorari. Each type of petition has specific requirements for filing and must be accompanied by the appropriate fee.
West Virginia NOTICE of APPEAL - EXTRA SHEET
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State:
West Virginia
Control #:
WV-SKU-0316
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PDF
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NOTICE of APPEAL - EXTRA SHEET
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Affirm (uphold) the lower court's judgment, Reverse the lower court's judgment entirely and remand (return) the case to the lower court for a new trial, or. Affirm in part and reverse in part the lower court's judgment and remand the case to the lower court to correct an issue (the part the appellate court reversed).
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.
Rule 21 - Memorandum decisions (a)Memorandum decisions. At any time after a case is mature for consideration, the Intermediate Court or the Supreme Court may issue a memorandum decision addressing the merits of the case. (b)Motion for disposition by memorandum decision.
(A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay.
Each page of an appendix must be clearly numbered in a sequential fashion so as to permit each page to be located by reference to a single page number. Page numbers must be legible and distinct from any other numbers that appear on the documents.
Typically, the petitioner's brief must be filed four months from entry of the final order being appealed, the respondent's brief must be filed forty-five days after the petitioner's brief, and any reply brief deemed necessary must be filed twenty days after the respondent's brief.
Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
When the trial court is of the opinion that an order, not appealable as of right, is nonetheless appealable, the trial court shall state in writing the specific issue or issues the court is certifying for appeal and the reasons for its opinion.
