West Virginia Notice of Appeal
West Virginia's notice of appeal is filed with the Clerk of the Supreme Court of Appeals even though the case itself is now heard, as a matter of right, by the state's newer Intermediate Court of Appeals, and the notice must already state the assignments of error rather than arriving later as a separate brief.
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Introduction
In West Virginia, a notice of appeal from a final civil judgment of a circuit court must be filed within 30 days of entry of the judgment being appealed, counting from entry, not from service of notice of entry or from mailing (W. Va. R. App. P. 5(b)). Unlike states where that deadline is a hard bright line, West Virginia's Rule 5(b) lets the Court extend the 30 days for good cause shown, on a motion filed in accordance with Rule 39. A second, later deadline runs alongside it: the appeal must be perfected, meaning the petitioner's brief and appendix are filed, within four months of the date the judgment was entered in the circuit clerk's office, and that four-month period may itself be extended for good cause by up to a total of two months (W. Va. R. App. P. 5(f)). The notice is filed with the Clerk of the Supreme Court of Appeals of West Virginia, not the circuit clerk, though a copy must also be served on the circuit clerk and on every party. For a circuit court civil judgment entered after June 30, 2022, the appeal goes as a matter of right to the new Intermediate Court of Appeals rather than to the Supreme Court of Appeals directly, even though the same Supreme Court Clerk's office also serves as the Intermediate Court's clerk (W. Va. Code 51-11-4(b)(1); 51-11-3(f)). West Virginia's notice of appeal is not a bare placeholder: the same document filed within the 30-day window must already state the nature of the case, the relief sought and outcome below, and numbered assignments of error, on the mandatory official Notice of Appeal form, Appendix A to the Rules of Appellate Procedure, revised 06/15/2022, whose content controls (W. Va. R. App. P. 5(b)). Filing generally requires a 200 dollar statutory docket fee, or a copy of a circuit court fee-waiver order in its place (W. Va. Code 59-1-13; confirm the current fee with the clerk). Filing the notice does not by itself stop the judgment creditor from collecting: a stay requires a separate application, which the circuit court or the Supreme Court may condition on a bond or other security under Rule 28. This appeal reviews the circuit court record for legal error; it is not a new trial. West Virginia has no separate small-claims court: magistrate court civil judgments are appealed to circuit court within 20 days, with their own bond (not required of a governmental agency or a person proceeding in forma pauperis), and, if the case was tried without a jury, a trial de novo. This page covers a civil appeal from a circuit court judgment; criminal, administrative-agency, federal-court, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The notice of appeal is due within 30 days of entry of the judgment being appealed, counting from entry, not from service of notice of entry or mailing. Unlike many states' bright-line deadlines, West Virginia's Rule 5(b) lets the Court extend that 30 days for good cause shown, on a motion filed in accordance with Rule 39 (W. Va. R. App. P. 5(b)).
- 2
A second, later deadline runs alongside the notice: the appeal must be perfected, meaning the petitioner's brief and appendix are filed, within four months of the date the judgment was entered in the circuit clerk's office, and that four-month period may itself be extended for good cause by up to a total of two months (W. Va. R. App. P. 5(f)).
- 3
File the notice with the Clerk of the Supreme Court of Appeals of West Virginia, not the circuit clerk. A copy must also be served on the circuit clerk of the court the appeal is taken from, on every party, and on each court reporter from whom a transcript is requested (W. Va. R. App. P. 5(b)).
- 4
For a circuit court civil judgment entered after June 30, 2022, the appeal goes as a matter of right to the Intermediate Court of Appeals of West Virginia, not directly to the Supreme Court of Appeals, even though the same Supreme Court Clerk's office also serves as the Intermediate Court's clerk (W. Va. Code 51-11-4(b)(1); 51-11-3(f)).
- 5
West Virginia's notice of appeal is not a bare placeholder. On the mandatory official Notice of Appeal form, Appendix A to the Rules of Appellate Procedure, revised 06/15/2022, the same document filed within the 30-day window must already state the nature of the case and relief sought, in no more than two double-spaced pages, and numbered assignments of error, in no more than eight double-spaced pages (W. Va. R. App. P. 5(b)).
- 6
Filing generally requires a 200 dollar statutory docket fee, payable to the State of West Virginia, or a copy of a circuit court order granting a fee waiver in its place (W. Va. Code 59-1-13; confirm the current fee with the clerk). Filing the notice does not by itself stop the judgment creditor from collecting; a stay requires a separate application, which may be conditioned on a bond or other security under Rule 28 of the Rules of Appellate Procedure.
- 7
West Virginia has no separate small-claims court. A magistrate court civil judgment is appealed to circuit court within 20 days of the judgment, or within 20 days of a ruling on a motion to set aside the judgment, with a bond posted at the time of filing (no bond is required of a governmental agency or a person proceeding in forma pauperis); the appeal is a trial de novo if the case was tried to the magistrate without a jury, or a hearing on the record if it was tried to a jury, and filing or granting the appeal automatically stays enforcement (W. Va. Code 50-5-12(a)-(b)).
Key decisions before you file
Before you file a Notice of Appeal in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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West Virginia Requirements for Notice of Appeal
30-Day Deadline Runs From Entry of Judgment
The notice of appeal must be filed within 30 days of entry of the judgment being appealed, counted from entry, not from service of notice of entry or mailing (W. Va. R. App. P. 5(b)).
Good-Cause Extension Under Rule 39
Upon a motion filed in accordance with Rule 39, the Court may extend the 30-day period for filing a notice of appeal for good cause shown, unlike states with a strict bright-line deadline (W. Va. R. App. P. 5(b)).
Separate Four-Month Perfection Deadline
The appeal must also be perfected, meaning the petitioner's brief and appendix are filed, within four months of the date the judgment was entered in the circuit clerk's office, extendable for good cause by up to a total of two months (W. Va. R. App. P. 5(f)).
Filed With the Supreme Court Clerk, Not the Circuit Clerk
The notice of appeal is filed with the Clerk of the Supreme Court of Appeals of West Virginia, with a copy served on the circuit clerk of the court appealed from, on every party, and on each court reporter from whom a transcript is requested (W. Va. R. App. P. 5(b)).
Routes to the Intermediate Court of Appeals
A circuit court civil judgment entered after June 30, 2022 is appealed as a matter of right to the Intermediate Court of Appeals of West Virginia, not directly to the Supreme Court of Appeals, though the Supreme Court Clerk's office also serves as the Intermediate Court's clerk (W. Va. Code 51-11-4(b)(1); 51-11-3(f)).
Mandatory Appendix A Notice of Appeal Form
The Notice of Appeal, Appendix A to the West Virginia Rules of Appellate Procedure, revised 06/15/2022, is a mandatory unified form for both appellate courts, and its content controls (W. Va. R. App. P. 5(b)).
Notice Must State the Case and Assignments of Error
The same document filed within the 30-day window must state the nature of the case and relief sought, in no more than two double-spaced pages, and numbered assignments of error, in no more than eight double-spaced pages (W. Va. R. App. P. 5(b)).
$200 Docket Fee or Fee-Waiver Order
Filing generally requires a 200 dollar statutory docket fee payable to the State of West Virginia, or a copy of a circuit court order granting a fee waiver in its place (W. Va. Code 59-1-13; confirm the current fee with the clerk).
Stay Requires a Separate Rule 28 Application
Filing the notice of appeal does not by itself stop the judgment creditor from collecting. A stay requires a separate application, which may be conditioned on a bond or other security under Rule 28 of the Rules of Appellate Procedure.