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![]() " Document" - Any pleading, motion, notice of appeal, or other document intended to be filed in an Action." Credentials" - The unique account username and password assigned to each E-Filing System registered user." Action" - Any matter, issue, or proceeding filed or pending before the Intermediate Court or the Supreme Court. ![]() Application.This rule may be referred to as the "E-Filing Rule" and shall govern electronic filing and service of documents and maintenance of case-related information in the Intermediate Court and the Supreme Court.General rule on electronic filing and service of documents. To constitute a proper filing, a document must be received by the Clerk on or before the date it is due. If a brief or other document is returned to counsel or a party, if unrepresented by counsel, for correction and resubmission, a motion for leave to file out of time must accompany any resubmission out of time. The Clerk may refuse to accept for filing a brief or other document that does not comply with the Rules of Appellate Procedure and is unaccompanied by a motion for leave to file such brief or other document despite such noncompliance. No documents shall be filed less than forty-eight hours prior to a scheduled argument in a proceeding unless specifically requested by the Intermediate Court or the Supreme Court. Filings immediately prior to argument.Citation to an opinion of the Intermediate or the Supreme Court must use the full parallel citation and may indicate if the opinion is per curiam, e.g. Citations of authority shall be made either in the body of a document or in footnoted form. Motion and response (Rule 29 through 33, Rule 40, Rule 41) Petition for rehearing and response (Rule 25) Original jurisdiction petition and response (Rule 16)Ĭertified question joint appendix (Rule 17) Workers' compensation reply brief (Rule 12) Workers' compensation petitioner's brief and respondent's brief (Rule 12) Workers' compensation docketing statement (Rule 12) Summary response (Rule 10, Rule 11, Rule 13 through 15)Īppendix in appeals from lower tribunal (Rule 7) and appendix in original jurisdiction cases (Rule 16) Reply brief (Rule 10, Rule 11, Rule 13 through 15) Petitioner's brief and respondent's brief (Rule 10, Rule 11, Rule 13 through 15) The page limitations required to properly file a document under these Rules are as follows: Page limitations do not include the cover page, table of contents, table of authorities, or certificate of service. The cover page of briefs, summary responses, appendices, petitions, responses and motions shall contain (1) In the Court of Appeals of West Virginia (2) the docket number of the case, if assigned (3) the official caption of the case as set forth in the scheduling order, if one has issued (4) a brief descriptive title indicating the nature of the document and (5) the name, address, telephone number, West Virginia State Bar identification number, and e-mail address of the counsel or party, if unrepresented by counsel, filing the document. Footnotes and indented quotations may be single-spaced and footnote text shall be no smaller than eleven-point proportionally spaced or ten-point nonproportionally spaced type. The text shall be double-spaced and be no smaller than twelve-point proportionally spaced or eleven-point nonproportionally spaced type. All briefs, motions, and other documents required to be filed with the Intermediate Court or the Supreme Court shall be reproduced by any process that produces a clear black image on white background. General rule on form and filing of documents The Clerk may permit documents to be filed without acknowledgement or proof of service, but shall require such to be filed promptly thereafter. Proof of service may appear on or be affixed to the documents filed. Papers presented for filing shall contain an acknowledgement of service by the person served or proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. If the party is not represented by an attorney, service shall be made upon the party.If such party is represented by an attorney, service shall be made upon such attorney, unless otherwise ordered.Unless otherwise provided in these rules, every pleading, brief, appendix, designation, motion, or other document required by these rules to be filed with the Intermediate Court or the Supreme Court shall be served upon other parties to the case in the following manner: Public access to case records and confidentiality.General rule on form and filing of paper documents General rule on electronic filing and service of documents General rule on form and filing of documents.
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