W.Va. R. Civ. P. 80

As amended through January 31, 2024
Rule 80 - [Effective 1/1/2025] Transcript or statement of evidence made part of record
(a)Making transcript part of
(1)Trial or hearing transcript. A certified transcript of a stenographically or mechanically reported proceeding of a trial or hearing becomes a part of the record of the action when it is filed with the court during the pendency of the civil action or at any time afterward.
(2)Transcript of hearing before a commissioner. A certified transcript of a stenographically or mechanically reported hearing before a commissioner becomes a part of the record of the action if it is filed with the court before the action is submitted to the court for disposition of the report of the commissioner.
(b)Certifying transcript. A transcript of a trial or hearing must be deemed authenticated and prima facie a correct statement of the proceedings when:
(1) it is certified by an official court or authorized reporter to be an accurate transcript of the stenographically or mechanically recorded proceedings; and
(2) it states whether it includes all or only a part of the proceedings eee se t-e
(c)Notice of filing. When a transcript of the proceedings at a trial or hearing is filed with the court, the party causing it to be filed shall promptly give notice thereof to all other parties.
(d)Making corrections. Any party may file a motion to correct an error in the transcript of a trial or hearing. Upon sufficient proof of error, the court shall direct that the transcript be corrected as designated by the court.
(e)Using statement of evidence of trial or hearing.
(1)Transcript not obtainable. When a stenographic or mechanical report of the proceedings of a trial or hearing before the court was not made or is not obtainable, any party to the action may prepare a statement of the proceedings from the best available means, including the party's recollection, for use instead of a transcript.
(2)Serving and objecting to statement. The statement shall be served upon all parties within a reasonable time after the hearing or trial. All other parties may serve objections or amendments thereto within 14 days after service of the statement upon them.
(3)Court to resolve objections. The statement, with the objections or proposed amendments, shall be submitted to the court for solution. The court must decide the accuracy of the statement based upon all of the materials submitted, and when so approved with or without changes, such statement becomes a part of the record when it is signed by the judge and filed with the court.
(f)Bills and certificates of exception abolished. Bills and certificates of exception are abolished.
(g)Stenographic transcript as evidence. If stenographically or mechanically reported testimony at a hearing or trial is admissible in evidence at a later hearing or trial, the testimony may be proved by a transcript certified by the official court reporter or other authorized-person who reported it.

W.va. R. Civ. P. 80

Amended effective 1/1/2025.