W.Va. R. App. P. 26

As amended through January 31, 2024
Rule 26 - Issuance of mandate; stay of mandate
(a)Effect of mandate. Issuance of the mandate terminates jurisdiction in an action before the Intermediate Court or the Supreme Court, unless by order pursuant to Rule 25(a) a petition for rehearing may be filed after a mandate has issued. Unless otherwise provided, an opinion or memorandum decision considering the merits of a case is not final until the mandate has been issued by that court.
(b)Time for issuance, contents. The timely filing of a petition for rehearing will stay issuance of the mandate. If a petition for rehearing is not timely filed, the Clerk will issue the mandate as soon as practicable after the passage of thirty days from the date the opinion or memorandum decision is released, unless the time is shortened or enlarged by order. The mandate will contain a summary description of the judgment, and any direction as to costs or other matters. The mandate must be read and construed together with the opinion or memorandum decision in the case. If a petition for rehearing is denied, the Clerk will issue the mandate within seven days of the date of the order refusing the rehearing petition, unless the time is shortened or enlarged by order.
(c)Stay of Supreme Court's mandate pending application for certiorari. A stay of the Supreme Court's mandate pending application to the Supreme Court of the United States for a writ of certiorari may be granted upon motion, reasonable notice of which shall be given to all parties. Unless the Supreme Court otherwise provides in its order, the stay shall not exceed ninety days. If during the period of the stay there is filed with the Clerk a notice from the Clerk of the Supreme Court of the United States that the party who has obtained the stay has filed a petition for the writ in that court, the stay shall continue until the filing of an order of the Supreme Court of the United States denying the petition for writ of certiorari, or, in the event the petition for writ of certiorari is granted, until the mandate of the Supreme Court of the United States is issued; provided, however, that if a case is remanded to the Supreme Court for further proceedings following an appeal to the Supreme Court of the United States and the mandate of the Supreme Court has not previously issued, the mandate need not issue, and the Supreme Court may provide by order for further proceedings as are required under the circumstances of the case. A bond or other security may be required as a condition to the grant or continuance of a stay of the mandate.

W.va. R. App. P. 26

Amended June 15, 2022, effective 7/1/2022.