W.Va. R. App. P. 38B

As amended through January 31, 2024
Rule 38B - General rule on form and filing of paper documents
(a)Self-represented parties. Self-represented parties who cannot electronically file documents under Rule 38A shall file documents in accordance with this rule.
(b) Paper size, format, and spacing. All briefs, motions, and other paper documents to be filed with the Intermediate Court or the Supreme Court shall be printed or typed and reproduced by any duplicating or copying process which produces a clear black image on white paper. The individual copies shall be securely bound with metal staples or fasteners at the top left comer and the page size shall be eight and one-half inches by eleven inches.
(c)Number of copies. The number of copies required to properly file a paper document under these Rules are as follows:

Type of Document

Number Required

Notice of appeal (Rule 15, Rule 11, Rule 13)

Original and 5 copies

Petitioner's brief and respondent's brief (Rule 10, Rule 11, Rule 13 through 15)

Original and 10 copies

Reply brief (Rule 10, Rule 11, Ride 13 through 15)

Original and 10 copies

Summary response (Rule 10, Rule 11, Rule 13 through 15)

Original and 10 copies

Appendix in appeals from lower tribunal (Rule 7) and appendix in original jurisdiction cases (Rule 16)

Original and 1 copy

Workers' Compensation docketing statement (Rule 12)

Original and 3 copies

Workers' Compensation appendix (Rule 12)

1 Original

Workers' Compensation petitioner's brief and respondent's brief (Rule 12)

Original and 5 copies

Workers' Compensation reply brief (Rule 12)

Original and 5 copies

Original jurisdiction petition and response (Rule 16)

Original and 10 copies

Certified question joint appendix (Rule 17)

Original and 1 copy

Petition for rehearing and response (Rule 25)

Original and 10 copies

Motion and response (Rule 29 through 33, Rule 40, Rule 41)

Original and 5 copies

Amicus curiae briefs (Rule 30)

Original and 10 copies

Appendix by amicus curiae (Rule 30)

Original and 1 copy

Petition for bail and response (Rule 34)

Original and 10 copies

(d)Improper form or filing. The Clerk may refuse to accept for filing a brief or other paper 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 paper document despite such noncompliance. If a brief or other paper 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. Under this rule, the mere act of placing a brief or other paper document in the mail on or before the due date does not constitute a proper filing.

W.Va. R. App. P. 38B

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