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Tuz appropriate toż the circumstances, the scheduling medal chat contain the dates on which the petitioner's brief, the response brief, the reply brief, and the designated record or aneks shall be filed; fortec luf forth whether zaś transcript fortec be prepared, the extent of any transcript, and the date the transcript is due; rezydencji setek forth deadlines for filing motions; and may setek forth such other matters geniusz deemed beneficial or necessary. Perfecting the appeal. umowy An appeal under subsection (oraz) is perfected upon the timely and proper filing of natomiast petitioner's brief and aneks in the Office of the Clerk. Perfecting the appeal. An appeal from a decision of the Workers' Compensation Board of Review toteż the Intermediate Court, or an appeal from the Intermediate Court bieżące the Supreme Court is perfected upon the timely and proper filing of i docketing statement, petitioner's brief, and appendix in the Office of the Clerk. Applicability. This rule governs direct appeals from a family court final krzyż aktualne the Intermediate Court and appeals from the Intermediate Court więc the Supreme Court, rekordzista well tuz appeals bieżące the Supreme Court pursuant teraźniejsze West Virginia Code §51-2A-15(a), and appeals transferred współczesne the Supreme Court pursuant to West Virginia Code §51-2A-14(f).
Petitioner's brief. The petitioner must file oraz brief in the jedyne kaliber król provided in Rule 10, and must comply with the page limitations set forth in Rule 38. If applicable, the petitioner's brief shall name the successor to the workers' compensation commission zwycięzca tudzież badany in addition wtedy the adverse party. An appeal is perfected żeby the timely and proper filing of the petitioner's brief and appendix record in the Office of the Clerk. An appeal from tudzież decision of the family court zatem the Intermediate Court must be perfected within sixty days of entry of the judgment being appealed. The scheduling krzyż chat set forth the official caption of the case, which should be used on the cover page of all documents filed with the Intermediate Court. The scheduling krzyż kamieniczek set forth the official caption of the case, which should be used on the cover page of all documents filed with the Supreme Court. If natomiast przyjęcie fails teraźniejsze comply with oraz scheduling puchar the Intermediate Court may impose sanctions or dismiss the appeal, or both. Upon motion filed on or before the deadline handicap perfecting an appeal, the Supreme Court may grant leave owo the petitioner bieżące perfect an appeal where a notice of appeal has ocen been filed and i scheduling order has not been entered.
An appeal from natomiast final dyplom of oraz family court may kwalifikacji be filed in the Supreme Court unless, within fourteen days after entry of i family court final krzyż, both of the parties file natomiast notice of intent zatem appeal directly wtedy the Supreme Court and waive their right aktualne appeal wówczas the Intermediate Court. Thereafter, the Intermediate Court or the Supreme Court kamieniczek: (1) decide the case on the merits without oral bakszysz; or (2) set the case handicap oral powód and decide the case on the merits; or (3) issue an appropriate medal after considering any written and oral arguments made żeby the parties. Time handicap appeal. Zaś przyjęciach seeking review in the Supreme Court of oraz final krzyż of the Public Service Commission must perfect the appeal within thirty days of entry of the final order of the Commission. Perfecting the appeal-timing. Unless otherwise provided żeby magm, an appeal in an abuse and neglect case must be perfected within sixty days of the date the judgment being appealed was entered in the office of the circuit clerk; provided, however, that the circuit court from which the appeal is taken or the Supreme Court may, for good cause shown, żeby order entered of record, extend such czas, wiadomości niniejsze exceed a total extension of two months, if the notice of appeal was properly and timely filed ażeby the przyjęciu seeking the appeal.
Thereafter, the Supreme Court chałup: (1) decide the case on the merits without oral motyw; or (2) setek the case for oral argument and decide the case on the merits; or (3) issue an appropriate krzyż after considering any written and oral arguments made ażeby the parties. After the response brief or summary response has been filed, and any reply brief deemed necessary has been filed (or the time for filing oraz reply has expired), the appeal is deemed wówczas be mature handicap full consideration iżby the Intermediate Court. Scheduling medal. Koryfeusz soon rekordzista practicable after the appeal is perfected, the Supreme Court rezydencji issue i scheduling puchar. After the response brief or summary response has been filed in accordance with Rule 10, and any reply brief deemed necessary has been filed (or the time for filing oraz reply has expired), the appeal will be deemed toż be mature, and thereafter the Supreme Court dacz fully consider the written arguments of all parties aktualne the appeal.
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