(a)Review by circuit court. – As soon as practical after the last day a response to a petition for appeal is filed, if any, the circuit court shall enter an order granting or refusing the petition for appeal. (b)Refusal order. – If a petition for appeal is refused, the circuit court shall enter an order refusing the petition for appeal within 60 days from the last day a response to the petition for appeal could have been filed. A refusal order shall explicitly inform the parties that it is a final order disposing of the appeal. Motions for reconsideration of a refusal order, or renewal of a petition for appeal that has been refused, are not permitted. (c)Granting order. – If a petition for appeal is granted, the circuit court shall enter an order granting the petition for appeal. If oral argument was requested in writing by either of the parties, or if the circuit court desires oral argument, the granting order shall set forth a date and time for oral argument. The clerk of the circuit court shall immediately serve the granting order upon the parties by mailing a copy to counsel of record for each party via first-class mail, or if there is no counsel of record, to the party at the last known address for that party. Service shall be complete upon mailing.
W. Va. R. Prac. & P. Fam. Ct. 31
Added by order adopted November 27, 2001, effective January 1, 2002 and amended by order entered and effective December 1, 2005.
