Appellate Law

In the legal realm, appeals represent a critical juncture where decisions from lower courts are reviewed and contested. Unlike initial trials, where the focus is on establishing facts and evidence, appellate proceedings hinge on the interpretation of law and its application.
Appellate advocacy requires a unique blend of skills and insights, making it a distinct field within legal practice. Crafting legal arguments requires an in-depth understanding of legal precedents and the ability to apply them effectively to the case at hand. Additionally, identifying lower court errors requires a meticulous review of previous proceedings and a thorough understanding of legal standards. Finally, presenting arguments in appellate courts demands exceptional written and oral advocacy. The ability to convey complex legal concepts clearly and persuasively is crucial.

At Powell & Majestro, our approach to appellate law is anchored in these principles. We bring extensive experience to the table, having navigated the complexities of the appeals process across various jurisdictions and at every level of the judicial system. We have had great success in a wide array of cases at the appellate level, ranging from personal injury to mass torts.

Our expertise extends to appealing adverse results. Other times we are retained to defend a successful result when the other side appeals. Since 2015, we have successfully defended judgments totaling $30 million.

Our legal team has shown the ability to handle the intricacies of even the most complex cases, ensuring that every legal avenue is explored and leveraged in favor of our clients. Whether it’s a nuanced argument before a state appellate court or a major appearance in the Supreme Court of the United States, our team is equipped with the depth of knowledge, experience, and advocacy skills necessary to effectively navigate the appellate landscape.

At Powell & Majestro, we understand that navigating the appellate process can be daunting and complex. Our team is dedicated to providing comprehensive support and guidance at every stage of your appeal, ensuring the best possible outcome.

Are you considering an appeal and need legal guidance? Reach out to Powell & Majestro today to discuss your needs. In addition to representing individual clients, we also work with other attorneys and law firms. Recognizing that appellate law requires specialized skills, we offer co-counsel services to legal professionals who are seeking to strengthen their team. Contact us today to begin the conversation. Please call (800) 650-2889 or contact us online to schedule a free initial consultation. Video consultations are available for individuals who reside outside of Charleston.

West Virginia’s Rules of Appellate Procedure

The West Virginia Rules of Appellate Procedure provide a comprehensive framework for managing appeals in various legal contexts, including mass tort litigation, class action lawsuits, product liability cases, government entity litigation, personal injury law, and consumer protection matters. 

Mass Tort Litigation

Mass tort litigation involves numerous plaintiffs alleging harm from a common cause, such as defective products or environmental disasters. In West Virginia, the management of such complex cases is addressed under Rule 26 of the Trial Court Rules, which establishes a Mass Litigation Panel (MLP). This panel is responsible for coordinating and overseeing mass litigation to ensure efficiency and consistency in judicial proceedings. ​

When a mass tort case proceeds to appeal, the West Virginia Rules of Appellate Procedure apply. An appeal from a decision in a mass tort case follows the standard appellate procedures outlined in these rules. However, given the complexity and the number of parties involved, the appellate process may require meticulous coordination. For instance, compiling the record on appeal and preparing the appendix record can be particularly challenging due to the volume of evidence and documentation typical in mass tort cases.

Class Action Lawsuits

Class action lawsuits allow a group of individuals with common legal claims to file a collective lawsuit. In West Virginia, Rule 23 of the West Virginia Rules of Civil Procedure governs the prerequisites and procedures for class action certification. Additionally, within the context of mass litigation, Rule 26.10 of the Trial Court Rules addresses class actions. If a mass litigation case is certified as a class action, the MLP may request the Chief Justice to transfer the case to the appropriate circuit court for further proceedings. ​

On appeal, class action cases adhere to the standard appellate procedures. However, unique considerations arise, such as determining the adequacy of class representation and the appropriateness of class certification. For example, if a circuit court certifies a class in a consumer protection lawsuit against a corporation for deceptive practices, the defendant may appeal the class certification decision. The appellate court would then review whether the requirements for class certification, as outlined in Rule 23 of the West Virginia Rules of Civil Procedure, were properly met.

Product Liability

Product liability cases involve claims against manufacturers or sellers for distributing defective products that cause injury or harm. These cases can be individual lawsuits or part of larger mass tort or class action litigations. When a product liability case is appealed, the appellate process scrutinizes several factors, including the application of strict liability principles and the sufficiency of evidence demonstrating the defect and causation.

For instance, consider a scenario where a plaintiff sues a manufacturer for injuries sustained from a defective household appliance. If the trial court rules in favor of the plaintiff, the manufacturer might appeal the decision, challenging the trial court’s interpretation of strict liability standards. The appellate court would then review the case record to determine if the trial court correctly applied the law and if the evidence supports the verdict.

Government Entity Litigation

Litigation involving government entities encompasses a wide range of cases, from challenges to administrative decisions to lawsuits alleging constitutional violations. Appeals in these cases often involve unique procedural aspects, such as issues of sovereign immunity and the standard of review for administrative actions.

For example, if a business disputes a regulatory decision by a state agency and loses in the circuit court, it may appeal the decision. The appellate court would then assess whether the agency’s decision was arbitrary or capricious, or if it was supported by substantial evidence, as required by administrative law principles.

Personal Injury Law

Personal injury cases involve claims for damages due to bodily harm caused by another’s negligence or intentional actions. On appeal, these cases often focus on issues like the admissibility of evidence, jury instructions, and the appropriateness of damage awards.

Consider a scenario where a plaintiff wins a personal injury lawsuit after a car accident, and the defendant appeals, arguing that the trial court improperly admitted certain evidence. The appellate court would review the trial record to determine if the evidence in question was admitted in accordance with the rules of evidence and whether any error affected the trial’s outcome.

Consumer Protection

Consumer protection cases involve claims against businesses for unfair or deceptive practices. These cases can be brought individually or as class actions, depending on the number of affected consumers. On appeal, issues may include the interpretation of consumer protection statutes and the appropriateness of remedies awarded.

For instance, if a group of consumers sues a company for false advertising and wins, the company might appeal, contesting the trial court’s interpretation of the consumer protection laws. The appellate court would then review the statutory interpretation and the application of the law to the facts of the case.

General Appellate Procedure Considerations

Regardless of the specific area of practice, certain procedural aspects are common in appellate proceedings:

• Notice of Appeal: Initiating an appeal requires filing a notice of appeal within the timeframe specified by Rule 5.
• Record on Appeal: Assembling the record, including transcripts and relevant documents, is governed by Rules 6 and 9.
• Briefs: Parties submit briefs outlining their arguments, as detailed in Rule 10.
• Oral Argument: The procedures for requesting and conducting oral arguments are specified in Rules 18 and 19.
• Disposition: The appellate court’s decision-making process and the issuance of opinions are covered under Rules 21 and 22.

Frequently Asked Questions: West Virginia Rules of Appellate Procedure

Note: This FAQ is based on the information available from the West Virginia Judiciary’s official page on the Rules of Appellate Procedure. For comprehensive and detailed information, please refer to the original source.

1. What are the West Virginia Rules of Appellate Procedure?

The West Virginia Rules of Appellate Procedure govern the procedures for appeals and other appellate matters in the state’s judicial system. They outline the processes for appealing decisions from lower courts and tribunals to higher appellate courts, including the Intermediate Court of Appeals and the Supreme Court of Appeals of West Virginia.

2. When did the revised Rules of Appellate Procedure become effective?

The revised Rules of Appellate Procedure were promulgated and became effective on December 1, 2010. These revisions aimed to conform to modern practices and ensure that each properly filed appeal is reviewed and decided on its merits.

3. What is the scope of these rules?

The Rules of Appellate Procedure apply to:

• Appeals from orders and decisions of lower tribunals, administrative agencies, the Health Care Authority, and the Workers’ Compensation Board of Review to the Intermediate Court of Appeals.
• Appeals from orders and decisions of lower courts, other tribunals, boards, commissions, and officers of the State of West Virginia to the Supreme Court of Appeals.
• Applications for certified questions, writs, extraordinary remedies, or other relief over which the Supreme Court has jurisdiction.

These rules are designed to ensure a uniform and efficient appellate process within the state’s judiciary.

4. What are the key definitions in the Rules of Appellate Procedure?

Some important definitions include:

• Appeal: The procedure by which a case is brought from a lower tribunal to the Intermediate Court or the Supreme Court.
• Brief: A document filed by the parties to present their arguments and legal reasoning.
• Clerk: The official appointed by the Supreme Court as Clerk of the Intermediate Court and the Supreme Court.
• Docketing: Assignment of a case number and placement of an action on the court’s docket by the Clerk upon receipt of timely and proper filing.
• Lower Tribunal: The intermediate court of appeals, circuit court, family court, or administrative agency from which an appeal is taken.
• Mandate: An order issued by the Intermediate Court or the Supreme Court entering the decision or opinion as final.

These definitions provide clarity on the terms used throughout the appellate process.

5. What is the jurisdiction of the Intermediate Court of Appeals?

The Intermediate Court of Appeals (ICA) in West Virginia has no original jurisdiction but holds appellate jurisdiction over the following matters:​

• Civil Cases: Final judgments or orders of a circuit court in all civil cases, including those requesting legal or equitable relief, entered after June 30, 2022. 
• Family Court Cases: Final judgments or orders of a family court, entered after June 30, 2022, except for final judgments or orders issued by a family court in any domestic violence proceeding pursuant to West Virginia Code §51-11-4(b)(2). 
• Guardianship or Conservatorship Matters: Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30, 2022. 
• Administrative Agency Decisions: Final judgments, orders, or decisions of an agency or an administrative law judge entered after June 30, 2022, previously appealable to the Circuit Court of Kanawha County pursuant to West Virginia Code §29A-5-4 or any other provision. ​
• Health Care Authority Decisions: Final orders or decisions of the Health Care Authority issued prior to June 30, 2022, in a certificate of need review, but transferred to the jurisdiction of the ICA upon termination of the Office of Judges pursuant to West Virginia Code §16-2D-16a. ​

It’s important to note that the ICA does not have jurisdiction over certain matters, such as criminal cases, juvenile proceedings, child abuse and neglect proceedings, orders of commitment, proceedings of the Lawyer Disciplinary Board or the Judicial Investigation Commission, final decisions of the Public Service Commission, interlocutory appeals unless specifically provided for under law, certified questions, judgments or final orders issued in extraordinary remedy proceedings, and judgments or final orders issued by a circuit court upon its review of a family court judgment or final order in any domestic violence proceeding. ​

6. How does the Supreme Court of Appeals exercise its jurisdiction?

The Supreme Court of Appeals has the authority to:

• On its own motion or by motion of a party, obtain jurisdiction over any civil case filed in the Intermediate Court.
• Review final judgments or orders of a circuit court in civil and criminal cases.
• Address certified questions from lower courts or administrative tribunals.
• Exercise original jurisdiction in proceedings for writs of habeas corpus, mandamus, prohibition, and certiorari.

This ensures that the state’s highest court can oversee significant legal matters and maintain uniformity in the application of the law.

7. What is the process for filing an appeal?

To initiate an appeal:

• Notice of Appeal: A notice must be filed with the Clerk of the appropriate appellate court within the time frame specified by the rules.
• Docketing Statement: A statement outlining the issues on appeal and other relevant information must accompany the notice.
• Record on Appeal: The appellant must ensure that the record from the lower tribunal is transmitted to the appellate court.
• Briefs: Both parties submit briefs presenting their arguments and legal reasoning.

•       Adherence to these procedural steps is essential for the proper consideration of an appeal.

8. Are there specific rules for certain types of appeals?

Yes, the Rules of Appellate Procedure contain specific provisions for different types of appeals, including:

• Criminal Appeals: Special deadlines and requirements apply when appealing a criminal conviction or sentence.
• Family Court Appeals: Appeals from family courts typically go to circuit courts first before reaching the Intermediate Court of Appeals.
• Administrative Appeals: Cases involving decisions from administrative agencies follow specific procedures for review.
• Extraordinary Writs: These involve urgent legal matters where immediate court intervention is required, such as writs of mandamus or prohibition.

Understanding the specific rules for each type of appeal ensures compliance with procedural requirements.

9. What happens after an appeal is filed?

Once an appeal is properly filed, the following steps generally occur:

1. Case Docketing: The Clerk assigns a case number and places the appeal on the court’s docket.
2. Record Preparation: The lower tribunal prepares and submits the case record.
3. Briefing Schedule: The court sets deadlines for submission of legal briefs from both parties.
4. Oral Arguments (if applicable): Some cases require oral arguments before a panel of judges.
5. Court Decision: The appellate court reviews the case, issues an opinion, and may affirm, reverse, or remand the case.
6. Mandate Issuance: The final decision is officially recorded, and further proceedings (if necessary) are directed.

10. Can new evidence be introduced in an appeal?

No, appellate courts do not consider new evidence. They review the case based on the record from the lower tribunal and determine whether legal errors occurred.

11. What is an oral argument, and is it required?

An oral argument is a formal hearing where attorneys present their case before the appellate judges and answer questions. Not all cases require oral arguments; in many instances, decisions are made based on written briefs alone.

12. How long does the appellate process take?

The time frame varies depending on the complexity of the case and the court’s schedule. Some appeals are resolved within a few months, while others may take over a year.

13. What are the possible outcomes of an appeal?

An appellate court may:

• Affirm: Agree with the lower tribunal’s decision.
• Reverse: Overturn the lower tribunal’s ruling.
• Remand: Send the case back to the lower tribunal for further proceedings.
• Modify: Change part of the lower tribunal’s decision.

14. Can I appeal a decision from the Intermediate Court of Appeals?

Yes, parties may petition the Supreme Court of Appeals to review a decision from the Intermediate Court. However, the Supreme Court has discretion in deciding whether to accept the appeal.