A West Virginia Supreme Court of Appeals Notice of Appeal is a document that is filed with the Supreme Court of Appeals in West Virginia, when an individual or entity wants to challenge a decision made by a lower court. The Notice of Appeal informs the Supreme Court of the lower court’s decision that is being challenged, and the legal grounds on which the appeal is based. There are two types of West Virginia Supreme Court of Appeals Notice of Appeal: an appeal from a circuit court, and an appeal from an administrative agency. An appeal from a circuit court is a formal request for the Supreme Court to review a decision made by a lower court. An appeal from an administrative agency is a formal request for the Supreme Court to review a decision made by an administrative agency, such as the West Virginia Department of Environmental Protection. The Notice of Appeal must include a statement of the facts and law of the case, the legal grounds for the appeal, and a brief summary of the argument in support of the appeal. It must also include a certification of service, which states when and how the Notice of Appeal was served on all parties to the action.
West Virginia Supreme Court of Appeals Notice of Appeal
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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).
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.
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.
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.
Virginia does not allow an appeal to the Supreme Court as a matter of right except in cases involving the State Corporation Commission and the disbarment of an attorney.
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.
(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.
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.