Rule 26 – Waiver of appeal to circuit court

May 14, 2021 | Family Law, West Virginia

(a)Filing Notice and Waiver. – If, within fourteen days after entry of a family court final order, both of the parties file, either jointly or separately, a notice of intent to appeal directly to the supreme court of appeals and waiver of the right to appeal to the circuit court, either party aggrieved by a final order of a family court judge may file a petition for appeal to the supreme court of appeals. The notice of intent to appeal and waiver shall be in the same or substantially similar form as that contained in Appendix A.
(b)Effect of Notice and Waiver. – If only one party files a notice and waiver, any petition for appeal filed shall be treated as a petition for appeal to the circuit court.

W. Va. R. Prac. & P. Fam. Ct. 26

Added by order adopted November 27, 2001, effective January 1, 2002.