37 sections in this chapter.
W. Va. Code § 58-3-1 When appeal lies to circuit court
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An appeal shall lie to the circuit court of the county from the final order of the county commission in the following cases: (a) In cases of contested elections tried and determined by such court; (b) in cases of contempt; (c) the establishment and regulation of a road, way, brid…
W. Va. Code § 58-3-1A Procedures for appeals
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Any interested person may appeal the final order of the county commission described by the provisions of subdivision (f), section one of this article to the circuit court as a matter of right by requesting the appeal within four months after the final order of the county commissi…
W. Va. Code § 58-3-2 When procedure to be controlled by provisions of this article
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In any case where there may be an appeal under the preceding section and the manner of appeal is not otherwise specially provided by law, the procedure shall be controlled by the provisions in the following sections of this article; and in any case where the manner of appeal is o…
W. Va. Code § 58-3-3 Bills or certification of exceptions for appeal; refusal of commissioner to sign bill or certificate; party availing of error without formal bill
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At the trial or hearing of any matter by the county court as to which an appeal will lie under section one of this article, a party may except to any opinion of the court and tender a bill of exceptions to such opinion, which, if the truth of the case be fairly stated therein, sh…
W. Va. Code § 58-3-4 Presentation of petition for appeal; when petition must be presented; original record to accompany petition
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In any case in which an appeal lies under section one of this article on behalf of a party to a controversy in a county court, such party may present to the circuit court of the county in which the judgment, order or proceeding complained of was rendered, made or had, or in the v…
W. Va. Code § 58-3-5 Procedure when appeal allowed
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If the appeal be allowed, it shall be docketed and the order of allowance shall specify what bond, if any, is required before such appeal shall take effect, and the petition and record mentioned in the preceding section shall be filed with the clerk of the circuit court. A copy o…
W. Va. Code § 58-3-6 Application to Supreme Court of Appeals when appeal refused by circuit court; action by Supreme Court of Appeals
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If the appeal be refused by the circuit court, the refusal shall be indorsed on the petition, which, together with the original record mentioned in section four of this article, may then be presented to the Supreme Court of Appeals, or a judge thereof in vacation. If the matter b…
W. Va. Code § 58-3-7 Procedure upon circuit court's decision
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After the decision of the appeal by the circuit court, the cause or matter shall be remanded to the county court or be retained in the circuit court and there proceeded with as the circuit court may determine and order.
W. Va. Code § 58-4-1 When appeal, writ of error or supersedeas to be awarded by circuit court or judge
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An appeal from, or writ of error or supersedeas to, any judgment, decree or order of any court of record of limited jurisdiction established under the provisions of section 19 of article VIII of the Constitution of this state may be awarded by the circuit court of the county, or …
W. Va. Code § 58-4-10 Docketing case
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If upon a petition as aforesaid the appeal, writ of error or supersedeas to a judgment, order or decree be allowed by the circuit court or judge, the appeal, writ of error or supersedeas shall be docketed in such court.
W. Va. Code § 58-4-11 Issuance of summons and supersedeas; order of publication; service and return of certified copy of order
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The clerk of the circuit court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also issue any supersedeas which may be awarded, which summons or supersedeas may be made returnable to any day of the next term …
W. Va. Code § 58-4-12 Indorsements on writs as to bond
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The clerk of the circuit court shall indorse on the summons or supersedeas, or on the certified copy of the court order in lieu thereof, that it is not to be effectual until the bond required by the following section, with good personal security, be given before the clerk of the …
W. Va. Code § 58-4-13 Appeal bond
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Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the …
W. Va. Code § 58-4-14 Time for presenting and giving bond
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No process shall issue upon any appeal, writ of error or supersedeas allowed by a circuit court, or in the case of an order of rejection the Supreme Court of Appeals, or judge of either of such courts to or from a judgment, decree or order, if, when the record is delivered to the…
W. Va. Code § 58-4-15 Time and manner of hearing
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The order of priority of hearing causes pending in circuit courts upon an appeal, writ of error or supersedeas from courts of limited jurisdiction shall be such as the Supreme Court of Appeals shall prescribe under the provisions of section nineteen, article five of this chapter …
W. Va. Code § 58-4-16 Petition to be heard and case decided upon original record
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For the purpose of hearing and determining the petition and deciding the appeal or writ of error in the circuit court, no transcript of the record shall be made, but the petition shall be heard and determined and the appeal or writ of error decided upon the original papers and ce…
W. Va. Code § 58-4-17 Judgment of circuit court; appeal or writ of error to Supreme Court of Appeals
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The circuit court, where an appeal, writ of error or supersedeas has been allowed by such court or the judge thereof in vacation, shall, upon the hearing thereof, affirm such judgment, decree or order if there be no error therein prejudicial to the appellant, or reverse the same …
W. Va. Code § 58-4-18 Procedure after circuit court's decision of the appeal or writ of error
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When, after reversal, the case is retained in the circuit court for a new trial or hearing on further proceedings, it shall be docketed and proceeded in to final judgment or decree in the same manner and with the same effect as if it had originally been instituted in the circuit …
W. Va. Code § 58-4-18A Writ of error to judgment quashing indictment
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Notwithstanding anything hereinbefore contained in this article, whenever in any criminal case an indictment is held bad or insufficient by the judgment or order of any court of record of limited jurisdiction, the state, on the application of the Attorney General or the prosecuti…
W. Va. Code § 58-4-19 When law and rules governing appeals to Supreme Court of Appeals to apply
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In any instance where this article fails to provide a specific method of procedure on appeals from courts of limited jurisdiction to circuit courts, the law and rules applying in the matter of appeals from circuit courts to the Supreme Court of Appeals, so far as applicable, shal…
W. Va. Code § 58-4-2 Certification to appellate courts as to sufficiency of summons, return of service, pleading, motion for summary judgment, etc
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Any question arising in such court of limited jurisdiction upon the sufficiency of a summons or return of service, upon a challenge of the sufficiency of a pleading or the venue of such court of limited jurisdiction, upon the sufficiency of a motion for summary judgment where suc…
W. Va. Code § 58-4-3 Petition for writ of error, appeal or supersedeas
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Any person who is a party to any controversy in such court of limited jurisdiction, wishing to obtain a writ of error, appeal or supersedeas, may present a petition therefor to the circuit court of that county, or the judge thereof in vacation, which petition shall assign errors.
W. Va. Code § 58-4-4 Time for appeal or writ of error; notice of intent to file petition in criminal cases to be filed with clerk stating grounds
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No petition shall be presented to the circuit court or judge for an appeal from, or writ of error or supersedeas to, any judgment, decree or order rendered or made by such court of limited jurisdiction, whether the state be a party thereto or not, which shall have been rendered o…
W. Va. Code § 58-4-5 Stay of proceedings; bond
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At the instance of any person who desires to present such petition, the court of limited jurisdiction, in which the judgment, decree or order is, may, during the term at which it is rendered or made, or the judge of such court may, within twenty days after such term is ended, upo…
W. Va. Code § 58-4-6 Filing of petition; transmission of petition and record; payment of expenses and fees; compensation of clerk; return of record
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Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the court of limited jurisdiction wherein the judgment, decree or order complained of was entered, and such clerk, retaining in his office the copy of such petition, shall, as soon as …
W. Va. Code § 58-4-7 Order showing action of circuit court on petition; second petition; application to Supreme Court of Appeals or judge thereof
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The circuit court or the judge thereof, upon consideration of the petition, shall enter an order granting or refusing it. If the circuit court or judge deems the judgment, decree or order of such court of limited jurisdiction to be plainly right, and rejects it on that ground, an…
W. Va. Code § 58-4-8 Certiorari for omitted portion of record
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The circuit court may, in any case, award a writ of certiorari to the clerk of the court of limited jurisdiction, and have brought before it, when part of a record is omitted, the whole or any part of such record.
W. Va. Code § 58-4-9 Allowance of appeal or writ of error or supersedeas; stay of proceedings
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The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error or supersedeas, and may stay proceedings either in whole or in part.
W. Va. Code § 58-5-1 When appeal lies
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(a) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circ…
W. Va. Code § 58-5-14 Appeal bond generally; limitation on amount
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(a) When required by the court, an appeal shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal is allowed or entered with condition: If a supersed…
W. Va. Code § 58-5-2 Certification to Supreme Court of Appeals
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Any question of law, including, but not limited to, questions arising upon the sufficiency of a summons or return of service, upon a challenge of the sufficiency of a pleading or the venue of the circuit court, upon the sufficiency of a motion for summary judgment where such moti…
W. Va. Code § 58-5-3 Presentation of petition
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A party desiring to appeal, seeking the original jurisdiction of the Supreme Court of Appeals, or seeking an opinion of the court on certified questions may file a petition in accordance with rules of appellate procedure promulgated by the Supreme Court of Appeals.
W. Va. Code § 58-5-30 Appeal by state of judgment quashing indictment
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Whenever in any criminal case an indictment is held bad or insufficient by the judgment of a circuit court, the state, on the application of the Attorney General or the prosecuting attorney, may appeal such judgment to the Supreme Court of Appeals. No such appeal shall be allowed…
W. Va. Code § 58-5-4 Time for appeal
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The time for filing a notice of appeal, perfecting an appeal, and filing related documents with the Intermediate Court of Appeals and the Supreme Court of Appeals shall be in accordance with rules promulgated by the Supreme Court of Appeals.
W. Va. Code § 58-5-5 Stay of proceedings pending appeal; supersedeas bond; post-conviction bail
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A petition for stay of proceedings pending appeal, supersedeas bond or post-conviction bail relief shall be filed and processed in accordance with rules of appellate procedure promulgated by the Supreme Court of Appeals.
W. Va. Code § 58-5-6 Filing of petition
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Petitions for appeal shall be filed and processed in accordance with rules of appellate procedure promulgated by the Supreme Court of Appeals.
W. Va. Code § 58-5-7 Contents of transcript of record
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The contents of the transcript of record shall be governed in accordance with rules of appellate procedure promulgated by the Supreme Court of Appeals.