At Brownstone Law, we focus in appellate litigation, offering clients exceptional representation in navigating West Virginia’s appellate court system. Our experienced attorneys are committed to providing meticulous and effective advocacy to achieve the best possible outcomes.

West Virginia Appellate Court System Overview

West Virginia’s appellate system comprises two primary courts: the Supreme Court of Appeals of West Virginia and the Intermediate Court of Appeals of West Virginia.

  • Supreme Court of Appeals of West Virginia: As the state’s highest court, it consists of five justices elected to 12-year terms. The court has discretionary jurisdiction, primarily reviewing cases that involve significant legal questions or matters of statewide importance.
  • Intermediate Court of Appeals of West Virginia: Established on July 1, 2022, this court serves as the intermediate appellate court, handling appeals from civil cases, family courts, guardianship or conservatorship matters, administrative agencies, and workers’ compensation boards. It consists of three judges appointed to ten-year terms.

Caseload and Statistics

The Supreme Court of Appeals manages a substantial caseload annually. According to the West Virginia Judiciary’s reports, the court’s caseload statistics are available in annual caseload reports produced by the Supreme Court Clerk’s Office.

Rules of Appellate Procedure

Appeals in West Virginia are governed by the West Virginia Rules of Appellate Procedure, which outline procedures for filing appeals, including timelines, formatting requirements for briefs, and guidelines for oral arguments. Adherence to these rules is essential for the successful progression of an appeal.

Process for Appealing a Case

  1. Notice of Appeal: File a notice of appeal with the clerk of the circuit court within 30 days after the entry of the judgment or order being appealed.
  2. Preparation of the Record: The appellant must ensure that the record on appeal, including transcripts and relevant documents, is prepared and transmitted to the appellate court.
  3. Briefs: The appellant submits an initial brief outlining legal arguments and alleged errors in the trial court’s decision. The appellee responds with their brief, and the appellant may file a reply brief if necessary.
  4. Oral Argument: In some cases, the court may schedule oral arguments, allowing attorneys to present their positions and answer judges’ questions.
  5. Decision: After reviewing the materials and arguments, the court issues a written opinion, which may affirm, reverse, or remand the case.

High-Profile Cases

West Virginia’s appellate courts have presided over several notable cases:

  • State v. McKinley: A significant case addressing legal questions pertinent to West Virginia’s judicial system.

Contact Information

Supreme Court of Appeals of West Virginia

  • Address: 1900 Kanawha Boulevard East, Building One, Room E-317, Charleston, WV 25305
  • Phone: (304) 558-2601
  • Website: Supreme Court of Appeals of West Virginia
  • Hours: Monday – Friday, 8:30 a.m. – 5:00 p.m. t
  • Coordinates: 38.3363° N, 81.6120° W

Intermediate Court of Appeals of West Virginia

Brownstone Law: Your Appellate Advocates

At Brownstone Law, we are dedicated to guiding clients through the complexities of the appellate process in West Virginia. Our team of experienced attorneys is committed to providing exceptional representation, ensuring that your case is presented with the utmost precision.