W.Va. R. App. P. 19

As amended through January 31, 2024
Rule 19 - Oral argument
(a)Selection of cases for Rule 19 argument. If the Intermediate Court or the Supreme Court, determines that Rule 19 oral argument shall be held in a case, the parties shall be notified by the Clerk. Cases suitable for Rule 19 argument include, but are not limited to:
(1) cases involving assignments of error in the application of settled law;
(2) cases claiming an unsustainable exercise of discretion where the law governing that discretion is settled;
(3) cases claiming insufficient evidence or a result against the weight of the evidence;
(4) cases involving a narrow issue of law; and
(5) cases in which a hearing is required by law.
(b)Notice. The Clerk shall notify each party that a case has been scheduled for Rule 19 argument. Unless circumstances otherwise require, the notice will issue at least thirty days prior to the date scheduled.
(c)Continuance. A request for continuance of the argument must be made by written motion preferably a joint motion that suggests an alternative datestating the grounds for the continuance and shall be filed within ten days of the date of the notice of argument.
(d)Eligibility to argue. A party who has not filed a brief may not present oral argument. A party who has filed a summary response in lieu of a brief is deemed to have waived oral argument, but shall be heard orally if the Intermediate Court or the Supreme Court specifically directs in the notice of argument. Amicus curiae shall not be heard during a Rule 19 argument.
(e)Oral argument. Oral arguments under Rule 19 are limited to ten minutes per side, unless otherwise indicated in the notice of argument. During oral argument, the Chief Judge in arguments before the Intermediate Court or the Chief Justice in arguments before the Supreme Court may direct counsel to conclude prior to the time allotted if the issues are understood and further argument is not unnecessary. In the event of multiple parties on the same side, the Intermediate Court or the Supreme Court may determine, either upon its own motion or upon motion of a party, an appropriate amount of time for oral argument. The Chief Judge in arguments before the Intermediate Court or the Chief Justice in arguments before the Supreme Court may, at the conclusion of the time allotted, permit further argument if necessary. When a guardian ad litem in a case appears as a respondent for argument an additional five minutes of argument shall be allotted to the guardian ad litem. The petitioner shall be entitled to open and close the argument.
(f)Waiver of argument. Within ten days of the date of a notice scheduling a case for argument under this Rule, counsel may inform the Clerk and all parties to the case in writing that oral argument is not desired, in which case argument will be conducted by the remaining parties to the case.
(g)Consideration . Upon conclusion of the argument, the case will be submitted and further considered by the Intermediate Court or the Supreme Court in chambers. Thereafter the Intermediate Court or the Supreme Court will:
(1) decide the case on the merits by issuing a memorandum decision or an opinion;
(2) set the case for oral argument under Rule 20; or
(3) issue an appropriate order after considering the written and oral arguments made by the parties.

W.va. R. App. P. 19

Amended December 3, 2020, effective 1/2/2021; amended June 15, 2022, effective 7/1/2022.