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Rule 8 - The Record on Appeal (a) Definition. The record on appeal shall consist of the documents and exhibits on file, the transcript of the proceedings, if any, and the docket entries. (b) Producing the Transcript of Proceedings. (1) Cases Other than Child Welfare Cases.
Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.
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 7 - Appendix record (a)Format. An appendix must contain accurate reproductions of the documents and exhibits submitted to the lower court, administrative agency, or other tribunal, and may be reproduced using any method that produces a permanent, legible image.
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.
Upon docketing of the appeal, the clerk shall serve written notice thereof upon each party and the clerk of the lower court. Upon motion, the lower court or a single justice of the appellate court may, for cause shown, enlarge the time for docketing the appeal or permit the appeal to be docketed out of time.
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.