W.Va. R. App. P. 6

As amended through January 31, 2024
Rule 6 - Record on appeal
(a)Contents of the record. The record on appeal consists of the documents and exhibits filed in the proceedings in the lower tribunal, the official transcript or recording of proceedings, if any, and the docket entries of the lower tribunal. The record in original jurisdiction proceedings filed under Rule 16 of these Rules consists of documents and exhibits, transcripts or recordings, or other items necessary for the Supreme Court to properly consider the issues presented.
(b)Scope of the record on appeal. Parties on appeal are discouraged from including the entire record of the case in the lower tribunal in an appendix record or a designated record. The record on appeal should be selectively abridged by the parties in order to permit the Intermediate Court or the Supreme Court to easily refer to relevant parts of the record and to save the parties the expense of reproducing the entire record. The Intermediate Court or the Supreme Courts may consider portions of the record other than those provided by the parties. Citations to portions of the record not included in the appendix record on appeal are greatly disfavored. Anything not filed with the lower tribunal shall not be included in the record on appeal unless the Intermediate Court or the Supreme Court grants a motion for leave to supplement the record on appeal for good cause shown. No appendix record or designated record submitted to the Supreme Court on appeal from the Intermediate Court may contain anything not included in the appendix record or designated record submitted before the Intermediate Court unless the Supreme Court grants a motion under rule 7(g) for leave to supplement the appendix record.
(c)Responsibility to provide the record on appeal. Unless otherwise provided by statute or rule, the record on appeal is not automatically transmitted to the Intermediate Court or the Supreme Court. All parties to the case are responsible for determining the contents of the appendix, and the petitioner is responsible for preparing and filing the appendix as set forth in Rule 7. If a designated record is permitted, all parties to the case are responsible for determining the contents of the designated record, and the circuit clerk or other Lower Tribunal is responsible for preparing and transmitting the record as set forth in Rule 8.
(d)Method of providing the record. An appendix is required unless the Intermediate Court or the Supreme Court grants permission by order to proceed on a designated record. If a party believes that the appendix method would be impractical or inadequate for appellate review, the party shall file a motion with the Intermediate Court or the Supreme Court on or before the date established for such motions in the scheduling order, requesting an order directing the circuit clerk to transmit designated papers or exhibits to the Intermediate Court or the Supreme Court. The motion shall designate the papers and exhibits in question, and shall show good cause why providing a copy in an appendix would be impractical or inadequate for appellate review. If the motion to proceed on a designated record is granted, in whole or in part, the circuit clerk shall transmit the designated record as set forth in Rule 8.
(e)Correction of errors. Any omission, misstatement, or error in the record, either clerical or otherwise, may be corrected at any time by stipulation filed with the Intermediate Court or the Supreme Court. The Intermediate Court or the Supreme Court, upon motion of a party or its own motion, may direct that an omission, misstatement, or error be corrected, and, if necessary, that a supplemental record be provided or transmitted.
(f)Sanctions. The Intermediate Court or the Supreme Court, on its own motion or on motion of any party, may impose sanctions against attorneys who unreasonably and vexatiously increase the costs of litigation through the inclusion of unnecessary material in the appendix or designated record. Attorneys shall receive reasonable notice and an opportunity to respond before the imposition of any sanctions. A party's motion for imposition of sanctions will be considered only if filed within fourteen days after the issuance of the opinion or memorandum decision and only if counsel for the moving party previously objected to including the allegedly unnecessary material in writing to opposing counsel within ten days of receiving the list of materials required by Rule 7(e) or 8(c).

W.va. R. App. P. 6

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