W.Va. R. App. P. 29

As amended through January 31, 2024
Rule 29 - Motions, expedited relief
(a)Content of motions; response; reply not permitted. Unless another form is elsewhere prescribed by these rules, an application for an order or other relief shall be made by filing a motion for such order or relief with service on all other parties. The motion shall state with particularity the grounds on which it is based and shall set forth the relief sought. If a motion is supported by affidavits or other documents, the supporting documents shall be served and filed with the motion. Supporting documents filed with a motion do not become part of the appendix record. Any party may file a response in opposition to a motion within ten days of the filing of the motion. A reply to a response to a motion may not be filed without leave granted by order .
(b)Determination of motions for procedural orders. Notwithstanding the provisions of the preceding paragraph as to motions generally, motions for procedural orders may be acted upon at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation, or modification of such action within ten days of the date of the order.
(c)Expedited relief. Any request for expedited relief in connection with an action pending before the Intermediate Court or the Supreme Court shall be made by filing a motion for expedited relief, which shall be separate and distinct from filings otherwise required in the action. A copy of the motion for expedited relief must be provided to all opposing parties contemporaneously with filing, and the certificate of service must indicate the method of contemporaneous service, which may include electronic mail. The motion for expedited relief shall set forth in specific detail the reasons for the request. The mere fact that a litigation deadline is approaching is not a sufficient basis for requesting expedited relief. A motion for expedited relief from an order entered more than two weeks prior to the filing of the motion will be granted only for extraordinary reasons. Any party may file a response to the motion for expedited relief within two days of the filing of the motion. The Intermediate Court or the Supreme Court may, at any time, direct that any case be expedited for consideration or decision.
(d)Form . All documents relating to motions must comply with the requirements of Rule 38.
(e)Hearing. No oral argument shall be held on any motion, unless directed by the Intermediate Court or the Supreme Court.
(f)Motions for direct review. Within twenty days of the date a notice of appeal is filed in the Intermediate Court, a party to the appeal may file a motion in the Supreme Court for direct review of the final order on appeal. Any party may file a response in opposition to a motion within ten days of the filing of the motion. A reply to a response to a motion may not be filed without leave-granted by order. A motion for direct review may only be granted in appeals that involve fundamental public importance and where exigencies, in which time is of the essence, warrant direct review. If the motion is granted, jurisdiction of the appeal is transferred from the Intermediate Court to the Supreme Court.

The Supreme Court, on its own motion, may obtain jurisdiction over any civil case filed in the Intermediate Court.

W.va. R. App. P. 29

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