Rule 5 - Appeals from circuit courts, administrative agencies, the Health Care Authority, and the Intermediate Court of Appeals(a) Applicability. This rule governs all appeals from an appealable order of a circuit court, a final judgment of an administrative agency, a final order of the Health Care Authority in certificate of need review proceedings, a final decision of the Intermediate Court, or any other appealable judgment as set forth in West Virginia Code § 58-5-1, except: (1) appeals from orders in abuse and neglect proceedings under West Virginia Code § 49-4-601, et seq., which are governed by Rule 11; (2) appeals in workers' compensation proceedings under West Virginia Code § 23-5-1 et seq., which are governed by Rule 12; (3) appeals from final family court orders to the Intermediate Court or the Supreme Court in s, which are governed by Rule 13; (4) appeals from the Public Service Commission which are governed by Rule 14; and (4) certified questions which are governed by Rule 17.(b)Docketing the appeal. Within thirty days of entry of the judgment being appealed, the party appealing shall file the notice of appeal, including attachments required in the notice of appeal form contained in Appendix A of these Rules. The notice of appeal, including attachments, shall be filed in the Office of the Clerk as required by Rule 38. The petitioner must comply with Rule 38. In addition to serving the notice of appeal in accordance with Rule 37, the party appealing a final order circuit court shall serve the notice of appeal, including attachments, on all parties to the action, on the clerk of the circuit court from which the appeal is taken which shall be made a part of the record in the circuit court and on each court reporter from whom a transcript is requested.(c)Parties to the appeal. All parties to the proceeding in the tribunal from which the appeal is taken shall be deemed parties in the Intermediate Court or the Supreme Court, unless the appealing party shall indicate on the notice of appeal that one or more of the parties below-who has been provided a copy of the notice of appeal-has no interest in the outcome of the matter. A party mistakenly designated as no longer interested may remain a party in the appeal by notifying the Clerk of Court, with notice given to the other parties, that the party has an interest in the appeal. Such notice shall be filed with the Clerk within twenty days of the filing of the notice of appeal.(d)Scheduling order. As soon as practicable after the proper filing of the notice of appeal, the Intermediate Court or the Supreme Court will issue a scheduling order. As appropriate to the circumstances, the scheduling order will contain the dates on which the petitioner's brief, the response brief, the reply brief, and the designated record or appendix shall be filed; will set forth the date for the list required in the absence of an agreement on the contents of the record under Rule 7(e) of these Rules; will set forth whether a transcript will be prepared, the extent of any transcript, and the date the transcript is due; will set forth deadlines for filing motions; and may set forth such other matters as deemed beneficial or necessary. The scheduling order will set forth the official caption of the case on appeal that should be used on the cover page of all documents filed with the Intermediate Court or the Supreme Court.(e)Failure to comply with scheduling order. If a party fails to comply with a scheduling order, the Intermediate Court or the Supreme Court may impose sanctions, or dismiss the appeal, or both.(f)Perfecting the appeal-timing. Unless otherwise provided by law, an appeal must be perfected within four months of the date the judgment being appealed was entered. Upon motion filed on or before the deadline for perfecting an appeal, the Intermediate Court or the Supreme Court may grant leave to the petitioner to perfect an appeal where a notice of appeal has not been filed and a scheduling order has not been entered. Such relief will only be granted in extraordinary circumstances, and if the motion is granted, the Intermediate Court or the Supreme Court may, in their discretion, deny oral argument or impose other sanctions for failure to comply with the Rules.(g)Perfecting the appeal-method. An appeal is perfected by timely and properly filing, with the Clerk (1) the petitioner's brief prepared in accordance with Rule 10 and (2) the appendix record prepared in accordance with Rule 7, unless the court has specifically provided by order that an appendix record is not required. Failure by the petitioner to perfect an appeal will result in the case being dismissed from the docket.(h)Consideration of the appeal. After the response brief or summary response has been filed in accordance with Rule 10, and any reply brief deemed necessary has been filed (or the time for filing a reply has expired), the appeal will be deemed to be mature, and the Intermediate Court or the Supreme Court will fully consider the written arguments of all parties to the appeal. Thereafter, the Intermediate Court or the Supreme Court will: (1) decide the case on the merits without oral argument; (2) set the case for oral argument and then decide the case on the merits; or(3) issue an appropriate order after considering any written and oral arguments made by the parties.(i) Extensions. A party may file a motion in accordance with Rule 39 of these Rules for an extension of time to file a notice of appeal or to perfect an appeal. (1) Notices of appeal. The Intermediate Court or the Supreme Court may extend the time period for filing a notice of appeal to that court for good cause shown.(2) Time to perfect appeal. Extensions of time to perfect an appeal may be granted by the circuit court from which an appeal is taken or by the Intermediate Court or Supreme Court, whichever appellate court has appellate jurisdiction. An extension may be granted for good cause shown, by order entered of record, for a period not to exceed a total extension of two months, if a complete notice of appeal was timely and properly filed by the party seeking the appeal. If a motion for leave to extend the time for perfecting an appeal is filed with the circuit court, a copy of the motion must be filed with the Clerk, and the order of the circuit court ruling on the motion must also be provided to the Clerk. A motion that is filed with the Intermediate Court or the Supreme Court to extend the time to perfect an appeal must comply with Rule 29 and must state with particularity the reasons why an extension is necessary. In order to permit adequate time to perfect the appeal following the completion of transcripts, the Intermediate Court or the Supreme Court may, on their own motion, extend the time period for appeal in a scheduling order.Amended June 15, 2022, effective 7/1/2022.