(a)Format. An appendix must contain accurate reproductions of the documents and exhibits submitted to the lower court, administrative agency, or other tribunal, and may be reproduced using any method that produces a permanent, legible image. A paper appendix permitted under Rule 38B must be on white paper measuring eight and one-half inches by eleven inches. Reproductions may be slightly reduced in size to accommodate the page numbers required by subparagraph (b), provided, however, that legibility of the appendix is not significantly impaired. To the extent practicable, reproduction on both sides of each page of paper appendices is encouraged. Paper appendices must be fastened on the left side in a manner that will keep all the pages securely together and permit the Court to easily disassemble for copying. Use of binding methods for paper appendices that result in bulky protrusions or sharp edges, such as three-ring binders or spiral binders, is prohibited. An paper appendix of excessive length must be divided into volumes not to exceed three inches in thickness. If a paper appendix is permitted under Rule 38B, in addition to the paper appendix, an electronic Portable Document Format (Pdf) copy in no less than 150 dots per inch and no greater than 300 dots per inch (dpi) resolution is required. The electronic copy of the appendix shall be provided by electronic mail to: scawv.filing@courtswv.gov. An appendix of excessive length must be divided into volumes not to exceed 20 megabytes (MB) in size. If an appendix contains only one volume, then the name of the file transmitted to the Clerk's Office must include: (1) the petitioner's last name; (2) the term "Appx."; and (3) the term "p." followed by the page numbers. EX. Smith-Appx. p.1-10. If an appendix contains more than one volume, then the name of the file transmitted to the Clerk's Office must include: (1) the petitioner's last name; (3) the term "Vol." followed by the volume number; and (4) the term "p." followed by the page numbers within that volume. EX. Smith-Appx.Vol.l p.1-200; Smith-Appx. Vol.2 p.201-399, etc.(b)Page numbering. Each page of an appendix must be clearly numbered in a sequential fashion so as to permit each page to be located by reference to a single page number. Page numbers must be legible and distinct from any other numbers that appear on the documents. If official transcripts are stand-alone volumes, and the transcripts contain assigned page numbers, additional sequential page numbering is not required.(c)General requirements. Any appendix filed by any party must contain the following sections, as described and in the order indicated. (1) The upper portion of the cover page of an appendix must contain the caption of the case, (noting in parentheses the case number of the lower court or agency), and the title and volume number of the appendix, if applicable. If the case is confidential, the upper portion of the cover page must prominently state: "Confidential Case." If the appendix contains confidential or sealed material or personal identifiers restricted by Rule 40, the appendix need not be redacted, but the upper portion of the cover page must prominently state: "Contains Confidential Materials." The lower portion of the cover page must contain the name, address, telephone number, e-mail address, and West Virginia Bar Identification Number of counsel, if the petitioner is represented by counsel.(2) Immediately following the cover page, an appendix must contain a certification page signed by counsel or unrepresented party. For an appeal, the certification page must certify that: (a) the contents of the appendix are true and accurate copies of items contained in the record of the lower tribunal; and (b) the petitioner has conferred in good faith with all parties to the appeal in order to determine the contents of the appendix. For an original jurisdiction proceeding, the certification page must certify that the appendix as a whole is sufficient to permit the Supreme Court to fairly consider the questions presented in the petition.(3) Immediately following the certification page, an appendix must contain a table of contents that lists and briefly describes each item included in the appendix by reference to its page number and volume number, if applicable.(d)Preparing the appendix on appeal. The petitioner shall prepare and file an appendix containing: (1) The judgment or order appealed from and all other orders applicable to the assignments of error on appeal;(2) Pleadings, motions, and other filings, if their sufficiency, content, or form is in issue or material;(3) In a criminal case, the indictment or information and the sentencing order;(4) In an abuse and neglect case, a copy of the abuse and neglect petition;(5) Material excerpts from official transcripts of testimony or from documents in connection with a motion. Such excerpts must contain all the testimony or averments upon which the petitioner relies and upon which it may be reasonably assumed the respondent will rely. If transcript excerpts are misleading or unintelligible by reason of incompleteness or lack of surrounding context, the entire transcript must be provided;(6) Critical exhibits, including photographs and maps, to the extent practicable;(7) A complete docket sheet in the case obtained from the clerk of the lower tribunal ;(8) Other parts of the record necessary for consideration of the appeal.(e)Determining the contents of the appendix. The parties are encouraged to agree on the contents of the appendix. In the absence of an agreement, the petitioner must, within the time period set forth in the scheduling order, serve on the respondent a list of the parts of the record that the petitioner intends to include in the appendix, along with a list of any issues intended to be presented that were not contained in the notice of appeal. The respondent may, within ten days after receiving the petitioner's list, serve on the petitioner a list of additional parts of the record it deems necessary for consideration of the appeal. The petitioner must include the respondent's listed parts of the record in the appendix unless the petitioner advises the respondent that all or some of the parts are unnecessary as set forth in the costs provision of this Rule. The parties should not list unnecessary parts of the record for inclusion in the appendix.(f)Costs of the appendix on appeal. Unless the parties agree otherwise, the petitioner must pay the cost of the appendix. If the petitioner considers parts of the record designated by the respondent to be unnecessary, the petitioner may advise the respondent, who must then advance the cost of including those parts. The cost of the appendix is a taxable cost. If any party causes unnecessary parts of the record to be included in the appendix, the Intermediate Court or the Supreme Court may impose the cost of those parts on that party.(g)Supplemental appendix. A party may file a motion for leave to file a supplemental appendix that includes such matters from the record not previously submitted. The motion shall set forth good cause why the material was not previously included. If the respondent's brief contains crossassignments of error, the respondent may file a supplemental appendix that does not contain materials duplicative to the appendix already filed in the case. A supplemental appendix must comply with the format, page numbering, and general requirements of this Rule.(h)Transcripts. If entire transcript volumes are included as part of an appendix, the volumes must comply with the format requirements in subsection (a) of this Rule and must contain a cover page as required by subdivision (c)(1) of this Rule. Pursuant to Rule 7(b), the page numbers of transcript volumes do not have to be re-numbered.Amended December 3, 2020, effective 1/2/2021; amended June 15, 2022, effective 7/1/2022.