W.Va. R. App. P. 8

As amended through January 31, 2024
Rule 8 - Alternative Method-designated record
(a)When permitted. The Intermediate Court or the Supreme Court may consider a case without an appendix record, or upon a partially designated record, when:
(1) a scheduling order allows designation; or
(2) an order allowing designation is entered by the court with appellate jurisdiction of the action, either by granting a motion to proceed on a designated record or its own motion.
(b)Petitioner's designation. Within the time frame set forth by order, the petitioner shall file with the clerk of the circuit court or other lower tribunal an itemized designation of such pleadings, orders, exhibits, and transcripts to enable the Intermediate Court or the Supreme Court to decide the matters arising in the proceeding, along with the appropriate bond for costs as required by subsection (g).
(c)Respondent's designation. Within the time frame set forth by order, the respondent shall file with the circuit clerk a designation of such additional parts of the record as considered necessary in view of the petitioner's designation.
(d)Joint designation. The Intermediate Court or the Supreme Court may, by order entered of record, require the parties to confer and submit a joint designation.
(e)Form of Designation. Designations shall be in such form as to guide the person assembling the record. Counsel may mark the docket sheet with appropriate notations. Asterisks or ellipses should be used to indicate omissions in testimony of witnesses or other parts of the record.
(f)Assembling the designated record. The circuit clerk, or other lower tribunal before transmitting the designated record, shall arrange the designated documents, as nearly as possible, in chronological order of filing, number the pages as described in Rule 7(b), and prepare a table of contents as described in Rule 7(c)(3). Physical evidence or bulky items that have been designated by the parties may be omitted from the record transmitted, provided that the table of contents describes the omitted exhibits and makes a notation that the exhibits are available upon request. Original documents are not required to be transmitted unless expressly required by order.
(g)Bond for Costs. Before the designated record is transmitted, the petitioner shall deposit with the clerk of the circuit court sufficient money, or a bond conditioned to pay the same, in a penalty and with sureties to be fixed and approved by such clerk, to pay:
(1) the expenses of preparing and indexing the record;
(2) fees for certifying necessary copies of orders;
(3) costs of transmission and return of the record; and
(4) costs of the making of the transcript. The clerk shall endorse on the record that such deposit has been made or such bond fixed.

W.va. R. App. P. 8

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