Fillable Notice Of Appeal (West Virginia Supreme Court of Appeals)

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Notice Of Appeal (West Virginia Supreme Court of Appeals)

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Supreme Court of Appeals of West Virginia - Notice of Appeal; Rev. 01/01/2016
Page 1 of 5
SUPREME COURT OF APPEALS OF WEST VIRGINIA
NOTICE OF APPEAL
Use this form only for an appeal from a final judgment of a Circuit Court.
ATTACH COPIES OF ALL ORDERS BEING APPEALED
1.
COMPLETE CASE TITLE AND CASE NUMBERS IN CIRCUIT COURT
(Include all party designations, such as plaintiff, intervenor, etc. Use an extra sheet if necessary.)
2.
COUNTY APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S)
(If the presiding judge was appointed by special assignment, include an explanation of the circumstances on an
extra sheet.)
3.
PETITIONER(S) (List all parties who join in the petition for appeal and provide the name, firm name,
address, phone number, and e-mail address of counsel of record for each party. Self-represented parties must
provide an address and telephone number.)
4.
RESPONDENT(S) (List all parties against whom the appeal is taken and provide the name, firm name,
address, phone number, and e-mail address of counsel of record for each party. Self-represented parties must
provide an address and telephone number.)
5.
NON-PARTICIPANT(S) (List any parties to the lower court action that will not be involved in the appeal and
provide the name, firm name, address, telephone number and e-mail address of counsel of record for each non-
participant. Provide the name, address and telephone number of any self-represented litigant who was a party
to the lower court action but is not participating in the appeal.)
Supreme Court of Appeals of West Virginia - Notice of Appeal; Rev. 01/01/2016
Page 2 of 5
Date of Entry of Judgment on Post-Trial Motions, if any:
7. CRIMINAL CASES:
8. ABUSE AND NEGLECT CASES: On an extra sheet, provide a list of the names, ages, and parent's names of all
minor children, a brief description of the current status of the parental rights of each parent as of the filing of the
notice of appeal, a description of the proposed permanent placement of each child, and the name of each guardian ad
litem appointed in the case.
If your answer is no, you must attach a brief explanation as to why the order or judgment being appealed is proper
for the Court to consider.
10. Has this case previously been appealed?
11. Are there any related cases currently pending in the Supreme Court or in a lower tribunal?
If yes, cite the case, provide the status, and provide a description of how it is related.
If yes, identify which part and provide specific authority for confidentiality.
13. If an appealing party is a corporation, an extra sheet must list the names of parent corporations and the name of any
public company that owns ten percent or more of the corporation's stock. If this section is not applicable to the
appealing party, please so indicate below.
The corporation who is a party to this appeal does not have a parent corporation and no publicly held company
owns ten percent or more of the corporation's stock.
Defendant's Sentence:
SHORT CASE NAME:
6. Date of Entry of Judgment:
(1) (2) (3)
9. Is the order or judgment appealed a final decision on the merits as to all issues and all parties?
/ /
YES / NO
/ / / / / /
YES / NO
YES / NO
If yes, provide the case name, docket number and disposition of each prior appeal.
YES / NO
If your answer is no, was the order or judgment entered pursuant to R. Civ. P. 54(b)?
YES / NO
12. Is any part of the case confidential?
Bail Status:
Supreme Court of Appeals of West Virginia - Notice of Appeal; Rev. 01/01/2016
Page 3 of 5
15. Is a transcript of proceedings necessary for the Court to fairly consider the assignments of error in the case?
16. NATURE OF CASE, RELIEF SOUGHT, and OUTCOME BELOW
(Limit to two double-spaced pages; please attach.)
17. ASSIGNMENTS OF ERROR
Express the assignments in the terms and circumstances of the case, but without unnecessary detail. Separately
number each assignment of error and for each assignment:
(1) state the issue;
(2) provide a succinct statement as to why the Court should review the issue.
Limit to eight pages double-spaced; please attach.
18. ATTACHMENTS
Attach to this notice of appeal the following documents in order:
(1) extra sheets containing supplemental information in response to sections 1 - 14 of this form;
(2) a double-spaced statement of the nature of the case, not to exceed two pages, as material required by
section 16 of this form;
(3) a double-spaced statement of the assignments of error not to exceed eight pages as required by section 17
of this form;
(4) a copy of the lower court's decision or order from which you are appealing;
(5) a copy of any order deciding a timely post-trial motion; and
(6) a copy of any order extending the time period for appeal.
(7) the statutory docket fee of $200; or a copy of the lower court's granting of the application for fee waiver in
this case. The statutory docket fee does not apply to criminal cases, appeals from the Worker's Compensation
Board of Review or original jurisdiction actions.
14. Do you know of any reason why one or more of the Supreme Court Justices should be disqualified from this case?
If yes, set forth the basis on an extra sheet. Providing the information required in this section
does not relieve a party from the obligation to file a motion for disqualification in accordance
with Rule 33.
NOTICE:
You must file a separate affidavit and application anytime your financial situation no longer meets the official
guidelines or anytime the court orders you to do so.
YES / NO
YES / NO
If yes, you must complete the appellate transcript request on page 4 of this form.
SHORT CASE NAME:
Supreme Court of Appeals of West Virginia - Notice of Appeal; Rev. 01/01/2016
Page 4 of 5
CERTIFICATIONS
STATE OF WEST VIRGINIA
I hereby certify that I have performed a review of the case that is reasonable under the circumstances and that the
contents of the Notice of Appeal are accurate and complete.
I hereby certify that on or before the date below, copies of this notice of appeal and attachments were served on
all parties to the case, and copies were provided to the clerk of the circuit court from which the appeal is taken and to each
court reporter from whom a transcript is requested.
SHORT CASE NAME:
/ /
Date
___________________________________________________
Counsel of record or unrepresented party
/ /
Date
___________________________________________________
Counsel of record or unrepresented party
Supreme Court of Appeals of West Virginia - Appellate Transcript Request Form; Rev. 01/01/2016
Page 5 of 5
SUPREME COURT OF APPEALS OF WEST VIRGINIA
APPELLATE TRANSCRIPT REQUEST FORM
INSTRUCTIONS
(1) If a transcript is necessary for your appeal, you must complete this form and make appropriate financial arrangements
with each court reporter from whom a transcript is requested.
(2) Specify each portion of the proceedings that must be transcribed for purposes of appeal. See Rule of Appellate
Procedure 9(a).
(3) A separate request form must be completed for each court reporter from whom a transcript is requested. If you are
unsure of the court reporter(s) involved, contact the circuit clerk's office for that information.
(4) Failure to make timely and satisfactory arrangements for transcript production, including necessary financial
arrangements, may result in denial of motions for extension of the appeal period, or may result in dismissal of the
appeal for failure to prosecute.
Date of Proceeding Type of Proceeding Length of Proceeding Name of Judge(s)
Portions Previously
Prepared
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
/ /
CERTIFICATIONS
I hereby certify that the transcripts requested herein are necessary for a fair consideration of the issues set forth in
the Notice of Appeal.
I hereby further certify that I have contacted the court reporter and satisfactory financial arrangements for
payment of the transcript have been made as follows:
enclosed with court reporter's copy.)
_________________________________________ ______________________________________________
Date mailed to court reporter Counsel of record or unrepresented party
SHORT CASE NAME:
Name of Court Reporter, ERO, or Typist:
Address of Court Reporter:
Civil Action No.: County:
/ /
Date of Final Order:
Private funds. (Deposit of $
Criminal appeal with fee waiver (Attach order appointing counsel or order stating defendant is eligible.)
Abuse & neglect or delinquency appeal with fee waiver (Attach order appointing counsel.)
Advance payment waived by court reporter (Attach documentation.)
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Completed 27 July 2020

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