Rule 27 - Stay of proceedings pending appeal(a)Motion for Stay. - Any person desiring to file an appeal from a final order of the family court may file a motion for a stay of proceedings in the family court in which the order was entered. The motion for a stay shall be filed with the circuit clerk and served upon the respondent in accordance with Rule 5 of the Rules of Civil Procedure. (b)Effect of Stay. - Either on its own motion or upon motion by a party, the family court may order a stay of all or part of a final order, for the period of time allowed for filing of for an appeal to the intermediate court of appeals or for any additional period of time pending disposition of the appeal. Provided, however, that an order granting a motion for stay may not include a stay of an award for the payment of spousal support or child support pending the appeal, except that an award of past-due child support may be stayed pending disposition of the appeal.(c)Application in Intermediate Court of Appeals. - If the family court should refuse to grant a stay, or if the relief afforded is not acceptable, the party desiring to file the petition for appeal in the intermediate court of appeals may file a motion for a stay of the proceedings in the intermediate court of appeals. The motion for a stay shall be filed with the clerk of court for the intermediate court of appeals and served upon the respondent in accordance with Rule 5 28 of the Rules of Appellate Procedure. The intermediate court of appeals may order a stay of all or part of a final order, for the period of time allowed for filing of an appeal to the intermediate court of appeals , or for any additional period of time pending disposition of the appeal. Provided, however, that an order granting a motion for stay may not include a stay of an award for the payment of spousal support or child support pending the appeal, except that an award of past-due child support may be stayed pending disposition of the appeal. W. Va. R. Prac. & P. Fam. Ct. 27
Added by order adopted November 27, 2001, effective 1/1/2002. Amended by order entered 10/19/2010, effective 12/1/2010; by order amended June 15, 2022, effective 7/1/2022.Clerk'S Note: The amendments provide that stays from family court may be filed with the IC A and deletes the section addressing the circuit court's denial of a petition for appeal.