W.Va. R. App. P. 39

As amended through January 31, 2024
Rule 39 - Computation and extension of time
(a)Computation of time. In computing any period of time prescribed by these rules, by an order of the Intermediate Court or the Supreme Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Juneteenth Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Lincoln's Day, Christmas Day, and any other day appointed as a holiday by the President, Congress of the United States, Governor, or Legislature of West Virginia.
(b)Enlargement of time. The Intermediate Court or the Supreme Court for good cause shown may upon motion enlarge the time prescribed by these rules or by its order for doing any act or may permit an act to be done after the expiration of such time.
(c)Additional time after service by mail. Whenever a party is required or permitted to do an act within a prescribed period after service and the document is served by mail, three days shall be added to the prescribed period. Provided, however, that this provision does not apply to extend the deadline provided by law or these rules for docketing or perfecting an appeal, and further does not apply to extend any deadline set forth in an order or notice of this the Intermediate Court or the Supreme Court.

W.va. R. App. P. 39

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