W.Va. R. App. P. 27

As amended through January 31, 2024
Rule 27 - Dismissal
(a)Voluntary dismissal. If the parties to an appeal or other proceeding shall sign and file with the Clerk an agreement that the proceeding be dismissed, specifying the terms as to payment of any costs, the Clerk shall enter the case dismissed. An appeal may be dismissed on motion of the petitioner upon such terms as may be agreed upon by the parties or fixed by order.
(b)Involuntary dismissal. At any time after an appeal is docketed, a party to the appeal may file a motion to dismiss for failure to comply with the Rules of Appellate Procedure or for other just cause. Upon the granting of a motion to dismiss under Rule 27, the case shall be dismissed from the docket of the Intermediate Court or the Supreme Court. The Intermediate Court or the Supreme Court may, on its own motion, send a notice to the parties of its intent to dismiss an action for failure to comply with the Rules of Appellate Procedure or for other just cause and may thereafter dismiss the action if the interests of justice so require. The Intermediate Court or the Supreme Court may dismiss an action that is moot on its own motion without prior notice to the parties.

W.va. R. App. P. 27

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