How to Appeal a Court’s Decision in West Virginia?
If your case was tried in West Virginia and you lost and are unhappy with the verdict, you can appeal. The first step is to file a notice of appeal.
Notice of Appeal
Your notice of appeal must be filed within thirty days after your final judgment date. You must file it with the clerk for the district court where your trial was held. Your notice of appeal must include the following information:
- Name of the appellant.
- Case name and number.
- County where the trial court was held.
- List of each error expressed and why the court should review them.
- A copy of the original judgment and date.
- A copy of the order appointing counsel for your appeal.
- A copy of the clerk’s docket sheet.
You will need to decide if you need a copy of the transcript and request one soon after filing your notice of appeal. You must contact the court reporter yourself to make the request and pay the fee for the copy.
Filing your brief is called Perfecting the Appeal, and you have four months in which to file your appeal after the notice of appeal. In certain types of cases where people may be in danger, that time limit is only sixty days. You must include the following information in your brief:
- Table of contents.
- Table of authorities.
- Statement of the case.
- Statement of arguments.
- A statement about an oral argument.
- Appendix with all appropriate attachments.
- Certificate of service showing you served the notice of appeal on all parties.
If you have requested to present an oral argument the court will schedule you a date and time to appear.
The appellee’s brief is due forty-five days after the appellant’s brief has been received and reviewed.
You have another twenty days to file a reply brief if you want.
After the briefs and record on appeal have been received and the oral arguments presented a panel of three judges will review all the information and come to a final decision.