§ 51-11-5 — Motion for direct review by Supreme Court of Appeals

West Virginia § 51-11-5

• Jurisdiction: West Virginia
• Ch. 51: COURTS AND THEIR OFFICERS
• Art. 11: THE WEST VIRGINIA APPELLATE REORGANIZATION ACT

Text

(a) Within 20 days after a petition for appeal is filed in the Intermediate Court of Appeals, a party may file a motion in the Supreme Court of Appeals for direct review of a final judgment or order that is otherwise within the appellate jurisdiction of the Intermediate Court of Appeals pursuant to §51-11-5 of this code.

(b) The Supreme Court of Appeals may grant a motion filed pursuant to this section if both of the following extraordinary circumstances exist:

(1) The appeal involves a question of fundamental public importance; and

(2) The appeal involves exigencies, in which time is of the essence, necessitating direct review of the appeal by the Supreme Court of Appeals.

(c) Notwithstanding any other provision of this code, if the Supreme Court of Appeals grants a motion filed pursuant to this section within 20 days after such motion is filed, jurisdiction over the appeal is transferred to the Supreme Court of Appeals according to all applicable rules of the court:

Legislative History

2021 Reg. Sess., SB275; 2020 Reg. Sess., SB275; 2019 Reg. Sess., SB266; 2018 Reg. Sess., SB341; 2018 Reg. Sess., HB114; 1977 Reg. Sess., SB388