Rule 29 – Insufficient record for appeal

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 pertinent facts. Such statements shall include the maker’s certification the facts are accurately presented to the best of that person’s knowledge and belief, and shall be served on all parties. Any party may object to a proposed statement of facts by filing written objections with the family court within ten days of the date of service of the statement upon them.

W. Va. R. Prac. & P. Fam. Ct. 29

Added by order entered and effective December 1, 2005.