Supreme Court of Appeals of West Virginia Chief Justice Robin Davis announced yesterday that the Court has issued its final version of the Revised Rules of Appellate Procedure
Here is a press release from the Court’s public information officer summarizing some of the rules’ more significant changes, and here is information on the revised rules from the Court’s website with links to the order approving the revised rules and the revised rules themselves.
The revised rules become effective on December 1, 2010 as described on the website:
Pursuant to Revised Rule 1(d), the Revised Rules "shall be applicable to all certified questions and appeals arising from rulings, orders or judgments entered on or after December 1, 2010, and to original jurisdiction proceedings in the Supreme Court of Appeals filed on or after December 1, 2010. In cases arising from orders entered prior to the effective date, the Court may on its own motion direct the parties to comply with the revised rules in whole or in part by entering an appropriate order."
The petition for appeal, designation of record, responses, and other papers in appeals from orders entered before the effective date should be prepared according to the former Rules of Appellate Procedure unless otherwise ordered.
Apparently the revised rules aren’t enough for the U. S. Chamber of Commerce, which issued this press release that offered some half-hearted praise, but maintained that West Virginia still needs an intermediate court of appeals. The Court is adamantly opposed to the creation of an intermediate court, though, and I would be surprised to see the Legislature take any action in that direction without the Court’s support.