West Virginia Supreme Court Administrative Order

State:
West Virginia
Control #:
WV-SKU-0420
Format:
PDF
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Description

Supreme Court Administrative Order

West Virginia Supreme Court Administrative Order is an official document issued by the Supreme Court of West Virginia, which prescribes procedures, policies, and regulations applicable to all courts within the state. The Administrative Order sets forth the rules for the operation of the court system, including topics such as court filing fees, courtroom technology, technology-based filing systems, case management, and judicial discipline. Some common types of West Virginia Supreme Court Administrative Order include the General Rules of Practice, the Rules of Judicial Conduct, the Rules of Evidence, the Rules of Civil Procedure, the Rules of Criminal Procedure, and the Rules of Appellate Procedure. All of these documents are available on the West Virginia Judiciary website.

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FAQ

The Supreme Court of Appeals of West Virginia is one of the busiest appellate courts of its type in the United States. The five Supreme Court Justices hear appeals of decisions over all matters decided in circuit courts, including criminal convictions affirmed on appeal from magistrate court.

Circuit Courts. Family Courts. Magistrate Courts.

When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.

"Mandate" ? An order issued by the Intermediate Court or the Supreme Court entering the decision or opinion as final. "Mature" ? Unless otherwise provided by order, a case is mature for consideration by the Intermediate Court or the Supreme Court when the deadline for all briefs to be filed has passed.

Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed.

The Supreme Court of Appeals of West Virginia is West Virginia's highest court and has judicial and administrative jurisdiction over the entire state court system. The Supreme Court Administrative Office provides administrative support to all levels of the court system.

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West Virginia Supreme Court Administrative Order