W.Va. R. App. P. 20

As amended through January 31, 2024
Rule 20 - Oral argument
(a)Selection of cases for Rule 20 argument. If the Intermediate Court or Supreme Courts, determines that a case presents an issue proper for consideration by oral argument under this Rule, the parties shall be notified by the Clerk. Cases suitable for Rule 20 argument include, but are not limited to:
(1) cases involving issues of first impression;
(2) cases involving issues of fundamental public importance;
(3) cases involving constitutional questions regarding the validity of a statute, municipal ordinance, or court ruling; and
(4) cases involving inconsistencies or conflicts among the decisions of lower tribunals.
(b)Notice. The Clerk shall notify each party that a case has been scheduled for Rule 20 argument. Unless circumstances otherwise require, the notice will issue at least thirty days prior to the date scheduled.
(c)Continuance. A request for continuance of Rule 20 argument must be made by written motion-preferably a joint motion that suggests an alternative datestating the grounds for the continuance and shall be filed within ten days of the date of the notice of argument.
(d)Eligibility to argue. A party who has not filed a brief may not present oral argument. A party who has filed a summary response in lieu of a brief is deemed to have waived oral argument, but shall be heard orally if oral argument is held under this rule. Amicus curiae may not present oral argument unless granted permission under Rule 30.
(e)Oral argument. Unless otherwise provided in the notice or by order, oral argument under this Rule is limited to twenty minutes per side. During oral argument, the Chief Judge in arguments before the Intermediate Court or the Chief Justice in arguments before the Supreme Court may direct counsel to conclude prior to the time allotted if the issues are understood and further argument is net unnecessary. In the event of multiple parties on the same side, the Intermediate Court or the Supreme Court may determine, either upon its own motion or upon motion of a party, an appropriate arrangement for oral argument. The Chief Judge in arguments before the Intermediate Court or the Chief Justice in arguments before the Supreme Court may, at the conclusion of the time allotted, permit further argument if necessary. When a guardian ad litem in a case appears as a respondent for argument an additional five minutes of argument shall be allotted to the guardian ad litem. The petitioner shall be entitled to open and close the argument. A party is not obliged to utilize all of the time allotted, and the Intermediate Court or the Supreme Court may terminate the argument whenever in its judgment further argument is unnecessary. Oral argument shall emphasize and clarify the written argument appearing in the briefs. The Intermediate Court or the Supreme Court may decline to consider issues at oral argument that were not presented in the briefs. Oral argument that is read from briefs or from a prepared text is disfavored.
(f)Waiver of oral argument. Within ten days of the date of a notice scheduling a case for the argument docket, a party may inform the Clerk and all parties to the case in writing that oral argument is not desired, in which case the oral argument will be conducted by the remaining parties to the case.
(g)Consideration . Upon conclusion of the oral argument, the case will be submitted for decision. Thereafter, the Intermediate Court or the Supreme Court will:
(1) decide the case on the merits by issuing a memorandum decision when appropriate under Rule 21 which explains the reasons why the Intermediate Court or the Supreme Court is not issuing an opinion;
(2) decide the case on the merits by issuing an opinion; or
(3) issue an appropriate order after considering the written and oral arguments made by the parties. The Intermediate Court or the Supreme Court shall take all reasonable action to decide the case on the merits by issuing an opinion or other appropriate order and shall not decide the case by issuing a memorandum decision absent exceptional or compelling circumstances.

W.va. R. App. P. 20

Amended December 3, 2020, effective 1/2/2021; amended June 15, 2022, effective 7/1/2022.