(a)Time for petition. – A party aggrieved by a final order of a family court may file a petition for appeal to the circuit court no later than thirty days after the family court final order was entered in the circuit clerk’s office. If a motion for reconsideration has been filed within the time period to file an appeal, the time period for filing an appeal is suspended during the pendency of the motion for reconsideration. (b)Filing with clerk. – An original and two copies of the petition for appeal shall be filed in the office of the circuit clerk where the final order being appealed was entered. The circuit clerk shall note clearly on each copy the date on which the petition for appeal was filed. (c)Form of petition. – The petition for appeal shall be prepared in the same or substantially similar form as that set forth in Appendix A of these rules. The party filing the petition for appeal may file a memorandum of law in support of the petition for appeal at the time the petition is filed. Except by permission of the circuit court, the petition for appeal, together with the memorandum of law in support, if any, shall not exceed fifty pages, inclusive of any addendum. (d)Service of petition. – The petition for appeal and memorandum of law, if any, shall be served in accordance with Rule 5 of the Rules of Civil Procedure. (e)Response to petition. – The respondent may file an original and two copies of a response to the petition for appeal with the circuit clerk within fifteen days after the filing of the petition for appeal. Except by permission of the circuit court, the response shall not exceed fifty pages, inclusive of any addendum. (f)Cross-petition for appeal. – Within fifteen days after the filing of the petition for appeal, the respondent may file a cross-petition for appeal. The cross-petition may be filed in addition to any response. The cross-petition for appeal shall be prepared in the same or substantially similar form as that set forth in Appendix A of these rules. The party filing the cross-petition for appeal may file a memorandum of law in support of the cross- petition for appeal at the time the cross-petition is filed. Except by permission of the circuit court, the cross-petition for appeal, together with the memorandum of law in support, if any, shall not exceed fifty pages, inclusive of any addendum. (g)Reply to response. – No reply to a response to a petition for appeal shall be filed.
W. Va. R. Prac. & P. Fam. Ct. 28
Added by order adopted November 27, 2001, effective January 1, 2002 and amended by order entered and effective December 1, 2005.
