Rule 34 – Final decisions

May 14, 2021 | Family Law, West Virginia

(a)Entry of final decision. – The circuit court shall enter a final decision order within 60 days from the last day a response to the petition for appeal could have been filed, or shall enter an order stating just cause why a final decision has not been timely entered. The circuit clerk shall notify the family court judge of the entry of a final decision.
(b)Contents of final decision. – A final decision may refuse the petition for appeal, may affirm or reverse the family court final order, or may affirm or reverse in part. A circuit court’s final decision may be appealed to the Supreme Court of Appeals in the manner set forth in the Rules of Appellate Procedure. A remand order entered pursuant to Rule 35(a) is not a final decision for purposes of appeal.

W. Va. R. Prac. & P. Fam. Ct. 34

Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.