W.Va. R. App. P. 4

As amended through January 31, 2024

Rule 4 - Self-represented parties

(a)Self-represented parties. A party who elects to proceed without counsel must comply with the Rules of Appellate Procedure to the fullest extent possible. While the submission of handwritten papers is not encouraged, Self-represented parties may serve and file handwritten documents, which should be neatly prepared in cursive script or hand printing in ink. Pages of handwritten documents must be numbered consecutively in the center of the bottom margin of each page. If illegible or unreasonably long, handwritten documents may be rejected for filing by the Clerk.

(b)Filings by a represented party. When a party is represented by counsel in to an action before the Intermediate Court or the Supreme Court, counsel must file all documents and make oral argument in that action, if oral argument is scheduled, unless otherwise directed by order.

W.va. R. App. P. 4

Last amended by Order dated November 24, 2015,1/1/2016; amended June 15, 2022, effective 7/1/2022.

Clerk's Notes on Rule 4

The amendment to Rule 4(b)is intended to prohibit pro se filings whenever a party is represented by counsel in an action regardless of whether counsel has made a filing or an appearance before this Court in that action. If the client wishes to file a pro se document while represented by counsel, such document will only be accepted if specifically permitted by order. One such exception to Rule 4(b) is set forth in Rule 10(c)(10)(b) , which provides that in extraordinary circumstances, if counsel is ethically compelled to disassociate from assignments of error raised on appeal, counsel must file a motion requesting leave for the client to file a pro se supplemental brief raising those assignments of error that the client wishes to raise, but that counsel does not have a good faith belief are reasonable and warranted. The rule applies to a specific action, so it would not prohibit an inmate who is represented by counsel in an underlying criminal matter from filing a pro se petition for writ of habeas corpus regarding conditions of confinement.