West Virginia § 58-5-1 When appeal lies

West Virginia Statutes

§ 58-5-1 — When appeal lies

West Virginia § 58-5-1

Ch. 58APPEAL AND ERROR

Art. 5APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS AND THE SUPREME COURT OF APPEALS

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Bluebook

W. Va. Code § 58-5-1 (2026).

Text

(a)A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties:Provided, That an appeal of a final order or judgment of a circuit court entered after June 30, 2022, shall be to the Intermediate Court of Appeals, as required by §51-11-1et seq. of this code.

(b)As provided in §51-11-10 of this code, a party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accord

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(a) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties:Provided, That an appeal of a final order or judgment of a circuit court entered after June 30, 2022, shall be to the Intermediate Court of Appeals, as required by §51-11-1et seq. of this code.

(b) As provided in §51-11-10 of this code, a party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accordance with rules promulgated by the Supreme Court of Appeals.

(c) The defendant in a criminal action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court in which there has been a conviction, or which affirms a conviction obtained in an inferior court.

Legislative History

2021 Reg. Sess., SB275; 2021 Reg. Sess., SB3030; 2021 Reg. Sess., HB334; 2020 Reg. Sess., HB2164; 2020 Reg. Sess., SB275; 2019 Reg. Sess., HB2164; 2019 Reg. Sess., SB266; 2018 Reg. Sess., SB341; 2018 Reg. Sess., HB4005; 2017 Reg. Sess., HB3030; 1998 Reg. Sess., HB4060