As amended through January 31, 2024
Rule 26 - Waiver of appeal to intermediate court of appeals(a)Filing Notice and Waiver. - If, within fourteen days after entry of a family court final order, both of the parties file, either jointly or separately, a notice of intent to appeal directly to the supreme court of appeals and waiver of the right to appeal to the intermediate court of appeals, either party aggrieved by a final order of a family court judge may file a petition for appeal to the supreme court of appeals. The notice of appeal and waiver shall be in the same or substantially similar form as that contained in Appendix A.(b)Effect of Notice and Waiver. - If only one party files a notice and waiver, any petition for appeal filed shall be treated as a petition for appeal to the intermediate court of appeals.W. Va. R. Prac. & P. Fam. Ct. 26
Added by order adopted November 27, 2001, effective 1/1/2002; by order amended June 15, 2022, effective 7/1/2022.Clerk'S Note: The amendments provide that the waiver applies to appeals to the ICA.