West Virginia Administrative Appeals Docketing Statement is a document filed by an administrative agency in the state of West Virginia in order to appeal a decision rendered by a governmental body. It states the grounds on which the agency is appealing the decision, the type of relief sought, and the date of filing. The statement also serves as a record of the appeal, including the name of the appellant, the name of the agency, the date of the hearing, the date of the decision, and the case number. There are two types of West Virginia Administrative Appeals Docketing Statements: petitions and complaints. A petition is used when an agency is appealing a decision rendered by a governmental body, while a complaint is used when an individual is appealing a decision rendered by an administrative agency.
West Virginia Administrative Appeals Docketing Statement
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How to fill out West Virginia Administrative Appeals Docketing Statement?
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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.
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.
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 28 - Stays (a)Stay of circuit court order pending appeal. Any person desiring to present an appeal under Rule 5 may make an application for a stay of proceedings to the circuit court in which the judgment or order desired to be appealed was entered.
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.
FRAP 28(j) provides that, when a party learns of pertinent and significant authorities after the party's brief has been filed?or after oral argument but before decision?the party may promptly advise the clerk by letter, with a copy to all other parties, setting forth the citations.
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.