Rule 38 - General rule on form and filing of documents(a)Format. All briefs, motions, and other documents required to be filed with the Intermediate Court or the Supreme Court shall be reproduced by any process that produces a clear black image on white background. The text shall be double-spaced and be no smaller than twelve-point proportionally spaced or eleven-point nonproportionally spaced type. Footnotes and indented quotations may be single-spaced and footnote text shall be no smaller than eleven-point proportionally spaced or ten-point nonproportionally spaced type. Margins shall be no less than one inch.(b) Cover page and caption. The cover page of briefs, summary responses, appendices, petitions, responses and motions shall contain (1) In the [Intermediate or Supreme | Court of Appeals of West Virginia; (2) the docket number of the case, if assigned; (3) the official caption of the case as set forth in the scheduling order, if one has issued; (4) a brief descriptive title indicating the nature of the document; and (5) the name, address, telephone number, West Virginia State Bar identification number, and e-mail address of the counsel or party, if unrepresented by counsel, filing the document.(c) Page limits. Page limitations do not include the cover page, table of contents, table of authorities, or certificate of service. The page limitations required to properly file a document under these Rules are as follows: Type of Document | Page Limit |
Notice of appeal (Rule 11, Rule 13) | Form plus required attachments |
Petitioner's brief and respondent's brief (Rule 10, Rule 11, Rule 13 through 15) | 40 pages |
Reply brief (Rule 10, Rule 11, Rule 13 through 15) | 20 pages |
Summary response (Rule 10, Rule 11, Rule 13 through 15) | 15 pages |
Appendix in appeals from lower tribunal (Rule 7) and appendix in original jurisdiction cases (Rule 16) | None |
Workers' Compensation docketing statement (Rule 12) | Form plus required attachments |
Workers' Compensation appendix (Rule 12) | None |
| \ Workers' Compensation petitioner's brief and respondent's brief (Rule 12) | 20 pages |
Workers' Compensation reply brief (Rule 12) | 10 pages |
Original jurisdiction petition and response (Rule 16) | 40 pages |
Certified question joint appendix (Rule 17) | None |
Petition for rehearing and response (Rule 25) | 15 pages |
Motion and response (Rule 29 through 33, Rule 40, Rule 41) | 15 pages |
Amicus curiae briefs (Rule 30) | 25 pages |
Appendix by amicus curiae (Rule 30) | None |
Petition for bail and response (Rule 34) | 15 pages |
(d)Citations of authority. Citations of authority shall be made either in the body of a document or in footnoted form. Citation to an opinion of the Intermediate or the Supreme Court must use the full parallel citation and may indicate if the opinion is percuriam, e.g. Fauble v. Nationwide Mutual Fire Ins. Co., 222 W.Va. 365, 664 S.E.2d 706 (2008)( per curiam).(e)Filngs immediately priori to argument. No documents shall be filed less than forty-eight hours prior to a scheduled argument in a proceeding unless specifically requested by the Intermediate Court or the Supreme Court.(f)Improper form or filing. The Clerk may refuse to accept for filing a brief or other document that does not comply with the Rules of Appellate Procedure and is unaccompanied by a motion for leave to file such brief or other document despite such noncompliance. If a brief or other document is returned to counsel or a party, if unrepresented by counsel, for correction and resubmission, a motion for leave to file out of time must accompany any resubmission out of time. To constitute a proper filing, a document must be received by the Clerk on or before the date it is due.Amended June 15, 2022, effective 7/1/2022.