W.Va. R. App. P. 24

As amended through January 31, 2024
Rule 24 - Filing fees costs
(a)Filing fees charged by the Clerk.
(1)Supreme Court of Appeals. Except as provided by law for indigent parties, for actions filed in the Supreme Court of Appeals, the Clerk shall charge the following: $200 for docketing any civil appeal, including an appeal from family courts cases and administrative cases, but not including appeals in worker's compensation cases, original jurisdiction actions or any other action, cause, or proceeding.
(2)Intermediate Court of Appeals. Except as provided by law for indigent parties, for actions filed in the Intermediate Court of Appeals, the Clerk shall charge the following: $200 for docketing any civil appeals, including appeals from in administrative Bcases, but not including appeals in family court cases, appeals in worker's compensation cases, or any other cause, action, or proceeding.
(b)To whom costs are allowed. Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the petitioner unless otherwise agreed by the parties or so ordered; if a judgment is affirmed, costs shall be taxed against the petitioner unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the respondent unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered.
(c)Costs for or against the state. In cases involving the State of West Virginia or an agency or officer thereof, if an award of costs against the State is authorized by law, costs shall be awarded in accordance with the provisions of subdivision (a); otherwise, costs shall not be awarded for or against the State.
(d)Taxable costs. Costs of assembling and filing the appendix are taxable as costs in the discretion of the Intermediate Court or the Supreme Court and may be divided among the parties to the appeal. Other taxable costs include costs for the preparation and handling of the designated record. Attorney's fees and costs are not taxable unless specifically provided by law.
(e)Costs in disciplinary actions. If the Supreme Court directs that costs be paid in connection with a lawyer or judicial disciplinary action, disciplinary counsel shall, within twenty days of entry of the applicable order, memorandum decision, or opinion, provide the Supreme Court and the respondent in the disciplinary action with a certified statement of the costs as specified by the Supreme Court.
(f)Clerk to insert costs in mandate. The Clerk shall prepare and certify an itemized statement of costs taxed in the Intermediate Court or the Supreme Court for insertion in the mandate. If the mandate has been issued before final determination of costs, the statement, or any amendment thereof, may be added to such order at any time upon request of the Clerk.
(g)Costs on appeal taxable in the circuit courts. Costs incurred in the preparation and transmission of the record, the cost of the reporter's transcript, if necessary for the determination of the appeal, and the premiums paid for cost of appeal bonds or other bonds to preserve rights pending appeal, shall be taxed in the circuit court as costs of the appeal in favor of the party entitled to costs under this rule.

W.va. R. App. P. 24

Amended June 15, 2022, effective 7/1/2022; amended May 3, 2023, effective 5/3/2023.