Rule 1 - Scope of Rules; jurisdiction; terms of court(a)Scope of rules. These rules shall govern procedure: (1) in appeals from orders and decisions of lower tribunals, administrative agencies, administrative law judges, the Health Care Authority, the Office of Judges, and the Worker's Compensation Board of Review to the Intermediate Court of Appeals of West Virginia;(2) in appeals from orders and decisions of lower courts, other tribunals, boards, commissions, and officers of the State of West Virginia to the Supreme Court of Appeals of West Virginia; and(3) in applications for certified questions, writs, extraordinary remedies or other relief over which the Supreme Court has jurisdiction.(b)Jurisdiction of the Intermediate Court of Appeals. The Intermediate Court of Appeals has no original jurisdiction and no jurisdiction over: (1) judgments or final orders issued in criminal proceedings; (2) judgments or orders in Juvenile Proceedings; (3) judgments or final orders in child abuse and neglect proceedings; (4) orders of Commitment; (5) any proceedings of the Lawyer Disciplinary Board; (6) any proceedings of the Judicial Investigation Commission; (7) final decisions of the Public Service Commission; (8) interlocutory appeals unless otherwise specifically provided for under law; (10) Extraordinary remedies and the appeal of any extraordinary remedy, including in habeas corpus; or (11) judgments or final orders issued by a circuit court upon its review of a family court judgment or final order in any domestic violence proceeding. The Intermediate Court has appellate jurisdiction of the following:
(1) Final judgments or orders of a circuit court in civil cases, entered after June 30, 2022. The Supreme Court may, on its own motion or by motion of a party, obtain jurisdiction over any civil case filed in the Intermediate Court; (2) Final judgments or orders of a family court, entered after June 30, 2022, except appeals from final judgments or orders issued by a family court in any domestic violence proceeding shall first be made to a circuit court; (3) Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30,2022, (4) Final judgments, orders, or decisions of an agency or an administrative law judge entered after June 30, 2022; (5) Final orders or decisions of the Health Care Authority issued prior to June 30, 2022, in a certificate of need review, but transferred to the jurisdiction of the Intermediate Court upon termination of the Office of Judges; (6) Final orders or decisions issued by the Office of Judges after June 30, 2022, and prior to its termination; and (7) Final orders or decisions of the Workers' Compensation Board of Review, entered after June 3 0, 2022.(c)Purpose of rules. These rules are intended to provide a complete, expeditious, and effective method of review in all cases where a party is permitted by law to seek an appeal, review of an order or decision, original jurisdiction writ, or other relief in conformity with Article VIII of the West Virginia Constitution.(d)Rules not to affect jurisdiction. These rules shall not be construed to extend or limit the jurisdiction of the Intermediate Court or the Supreme Court of Appeals as established by law. (e)Effective date. These rules apply to all appeals in the Intermediate Court of Appeals arising from orders or decisions entered after June 30,2022, and to all appeals and other actions in the Supreme Court of Appeals arising from opinions, orders, and decisions of the Intermediate Court entered on or after July 1, 2022. These rules apply to all other appeals, certified questions, and original jurisdiction proceedings in the Supreme Court. In cases in the Supreme Court arising from orders entered prior to these effective dates, the Supreme Court may by order on its own motion direct the parties to comply with these rules in whole or in part. (f)Terms of court. B\ Article VIII, Section 3 of the West Virginia Constitution, the Supreme Court holds two regular terms of court annually, with the times of those terms fixed by law under West Virginia Code § 51-1-5, and such special terms as may be designated by order of the Supreme Court under West Virginia Code § 51-1-6. The Intermediate Court shall hold two regular terms of court annually with the times of those terms to be consistent with the regular terms of the Supreme Court. The Intermediate Court may hold such special terms as are designated by order of that court.Amended June 15, 2022, effective 7/1/2022.