Rule 21 - Memorandum decisions(a)Memorandum decisions. At any time after a case is mature for consideration, the Intermediate Court or the Supreme Court may issue a memorandum decision addressing the merits of the case.(b)Motion for disposition by memorandum decision. A party may move that a docketed case be disposed by memorandum decision by filing a motion for disposition by memorandum decision. No motion for disposition by memorandum decision shall be accepted for filing after twenty days from the date the appeal is perfected, except if such motion is for the purpose of bringing to the Court's attention the effect that a controlling legal authority, issued after the case was perfected, may have on the case pending in this Court. The opposing party has ten days from the date of filing of the motion to file a response. The filing of a motion for disposition by memorandum decision shall not toll any time limitations established by law, rule or order.(c)Affirmance. A memorandum decision affirming the decision of the lower tribunal may be entered under this Rule when: (1) the Intermediate Court or the Supreme Court finds no substantial question of law and does not disagree with the decision of the lower tribunal as to the question of law; (2) upon consideration of the applicable standard of review and the record presented, the Intermediate Court or the Supreme Court finds no prejudicial error; or (3) other just cause exists for summary affirmance. The memorandum decision shall contain a concise statement of the reason for affirmance, and a concise statement of the reason for issuing a memorandum decision instead of an opinion.(d)Reversal. A memorandum decision reversing the decision of the lower tribunal shall contain a concise statement of the reason for reversal and a concise statement of the reason for issuing the memorandum decision instead of an opinion. A memorandum decision reversing the decision of a lower tribunal should be issued in limited circumstances.(e)Citation of memorandum decisions. Memorandum decisions may be cited in any court or administrative tribunal in this State; provided, however, that the citation must clearly denote that a memorandum decision is being cited, e.g. Smith v. Jones, No. 11-098 (W. Va. Supreme Court, January 15,2011)(memorandum decision). Memorandum decisions are not published in the West Virginia Reports, but will be posted to the Court's website.(f)Rehearing. Memorandum decisions are subject to the rehearing procedures set forth in Rule 25. Unless otherwise provided, the memorandum decision is not final until the mandate has issued under Rule 26.Amended June 15, 2022, effective 7/1/2022.