W.Va. Trial. Ct. R. 16.11

As amended through January 31, 2024

Rule 16.11 - Petitions and Appeals

(a)Petitions for Modification of Magistrate Sentence.

An order shall be entered on a motion to modify a magistrate sentence pursuant to W.Va. Code §§ 62-11A-1, 62-11B-1 et seq., or 62-12-4, within two (2) months of the filing of the motion.

(b)Magistrate Court Appeals.

A final judgment in civil cases or a sentencing order in criminal cases shall be entered within six (6) months of receipt of the magistrate court file by the clerk of the circuit court, except that, pursuant to W.Va. Code §§ 50-5-12(c)(6) and 50-5-13(c)(6), a final judgment in cases tried before a jury shall be entered within ninety (90) days after the appeal is regularly placed on the docket of the circuit court.

(c)Administrative Appeals.

Unless otherwise provided by statute, a final judgment in an appeal from an administrative agency shall be entered within six (6) months of the filing of the appeal.

W.Va. Trial. Ct. R. 16.11