(1)"Appeal"The procedure by which a case is brought from a lower tribunal to the Intermediate Court or the Supreme Court.(2)"Brief" A document filed by the parties to an action before the Intermediate Court or the Supreme Court under Rule 10 that sets forth the arguments and is sues that the parties wish the Intermediate Court or the Supreme Court to consider.(3)"Certificate of Service" The statement signed by counsel or unrepresented party describing the date and manner of serving a particular filing on another p arty.(4)"Clerk" The official appointed by the Supreme Court under Article VIII, Section 3 of the West Virginia Constitution as Clerk of the Intermediate Court and the Supreme Court.(5)"Docketing" Assignment of a case number and placement of an action on the Intermediate Court or the Supreme Court's docket by the Clerk upon the receipt of timely and proper filing of an action.(6)"Lower Tribunal" The intermediate court of appeals, circuit court, family court, or administrative agency from which an appeal is taken or an original jurisdiction proceeding is prosecuted.(7)"Mandate" An order issued by the Intermediate Court or the Supreme Court entering the decision or opinion as final.(8)"Mature" Unless otherwise provided by order, a case is mature for consideration by the Intermediate Court or the Supreme Court when the deadline for all briefs to be filed has passed.(9)"Notice of Appeal" The mandatory notice filed to inform the Court and the other parties that a petitioner intends to docket and perfect an appeal from a final judgment of a circuit court, in the form prescribed by these rules. (10)''Party" Where a party is represented by counsel, the term party applies to counsel; where a party is not represented by counsel, the term party applies to the self-represented litigant.(11)"Perfected" An appeal is perfected upon the proper and timely filing of the petitioner's brief and appendix. An original jurisdiction action is perfected upon the timely and proper filing of the petition and appendix if an appendix is required.(12)"Petitioner"' A party who takes an appeal in the Intermediate Court of Appeals or Supreme Court of Appeals or prosecutes an original jurisdiction proceeding in the Supreme Court of Appeals.(13)"Respondent" A party against whom an appeal is taken in the Intermediate Court of Appeals or Supreme Court of Appeals or against whom an original jurisdiction proceeding is prosecuted in the Supreme Court of Appeals.(14)"Submitted" At the conclusion of oral arguments, a case is submitted for final consideration by the Court.(15)"Summary Response" A document filed in lieu of a brief by the respondent to an action before the court under Rule 10 or Rule 16, which is deemed to be a waiver of oral argument Rule of Construction. (1) Words in the singular number include the plural, and in the plural include the singular. (2) Words of the masculine gender include the feminine and the neuter. (3) The word "person" shall include corporations, societies, associations, and partnerships, if not restricted by the context. (4) References to "the Supreme Court" means the Supreme Court of Appeals of West Virginia. (5) References to "the Intermediate Court" means the Intermediate Court of Appeals of West Virginia. (6) References to "the Rules" or "these Rules" mean the Rules of Appellate Procedure. W.Va. R. App. P. Definitions
Adopted June 15, 2022, effective 7/1/2022.