Rule 30 – Motions to Dismiss the Appeal

by | May 14, 2021 | Family Law, West Virginia

(a)By party. – At any time following the filing of a petition for appeal, either party to an appeal may move the circuit court to dismiss an appeal on any of the following grounds: (1) a joint agreement of the parties to the dismissal; (2) failure to properly...

Rule 29 – Insufficient record for appeal

by | May 14, 2021 | Family Law, West Virginia

If essential portions of the recording of proceedings before a family court are inaudible or unavailable, the circuit court may recommit the case to the family court. The family court may then take evidence; and/or may accept from any party a proposed statement of the...

Rule 26 – Waiver of appeal to circuit court

by | 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...