(a)How an appeal is taken. –
(1)From a circuit court. – An appeal permitted by law from a circuit court to the Supreme Court of Appeals is taken by filing a notice of intent to appeal in the Office of the Clerk, West Virginia Supreme Court of Appeals within the time provided by paragraph (b)(1) of this rule. The notice of intent to appeal shall be filed and served in accordance with Rule 5 of the Rules of Appellate Procedure. (2) From a magistrate court. – An appeal permitted by law from a magistrate court to a circuit court is taken by requesting an appeal in the magistrate court within the time provided by Chapter 50, Article 5, Section 13, of the West Virginia Code of 1931, as amended. The required specifications of the notice of intent to appeal do not apply as provided for in paragraph (a)(1) of this rule. (b)Time for taking appeal. –
(1)Time for notice of intent to appeal. – The notice of intent to appeal by a defendant shall be filed within 30 days after the entry of the judgment, decree or other order appealed from. A notice of intent to appeal filed after the announcement of a decision, sentence or order but before entry of the judgment or order shall be treated as filed after such entry and on the day thereof. A judgment or order is entered within the meaning of this paragraph when it is entered in the criminal docket. (2)Procedure for requesting, preparing, and filing of transcript. – The procedure for requesting, preparing, and filing of transcripts shall be governed by the Rules of Appellate Procedure. (3)Time for appeal. – An appeal must be perfected within four months of the entry of the circuit court order in accordance with Rule 5 of the Rules of Appellate Procedure. The appeal period may be extended in accordance with the Rules of Appellate Procedure.
W.Va. R. Crim. P. 37
Effective October 1, 1981; amended effective July 1, 1990;September 1, 1995;January 1, 1996;December 1, 2010. Amended by order entered October 19, 2010, effectiveDecember 1, 2010.
