reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-1a. Procedures for Appeals

Any interested person may appeal the final order of the county commission described by the provisions of subdivision (f), section one of this article to the circuit court as a matter of right by requesting the appeal within four months after the final order of the county commission is rendered. The appeal shall be determined by trial de novo. Upon receipt of the request for appeal, the clerk of the county commission shall collect the circuit court filing fee therefor and forward the same, together with the final order and the request, to the clerk of the circuit court. The court may require the clerk of the county commission to file with the circuit clerk all or any portion of the record of the proceedings which resulted in the final order. No bond may be required from any party to the appeal. The final order of the county commission shall be stayed pending the appeal proceedings. If, after the appeal is filed in the circuit court, the matter is not brought on for hearing before the end of the second term thereafter, the appeal shall be considered abandoned and shall be dismissed at the cost of the appellant unless sufficient cause is shown for a further continuance. Upon such dismissal, the final order of the county commission is affirmed. No appeal which has been so dismissed by the circuit court may be reinstated after the expiration of the next regular term following such dismissal.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-2. When Procedure to Be Controlled by Provisions of This Article

In any case where there may be an appeal under the preceding section and the manner of appeal is not otherwise specially provided by law, the procedure shall be controlled by the provisions in the following sections of this article; and in any case where the manner of appeal is otherwise specially provided, the provisions in the following sections of this article shall apply and control the procedure to the extent that they are applicable and not inconsistent with special provisions.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-3. Bills or Certification of Exceptions for Appeal; Refusal of Commissioner to Sign Bill or Certificate; Party Availing of Error Without Formal Bill

At the trial or hearing of any matter by the county court as to which an appeal will lie under section one of this article, a party may except to any opinion of the court and tender a bill of exceptions to such opinion, which, if the truth of the case be fairly stated therein, shall be signed by the commissioners holding the court, or a majority of them, and the same shall be a part of the record of the case. Or, in lieu of such bill of exceptions, such exception may with like effect be shown by certificate in the manner provided in sections thirty-six and thirty-seven, article six, chapter fifty-six of this code, signed by such commissioners, or a majority of them. If any commissioner refuse to sign such bill of exceptions or such certificate in a case in which he participated in the decision complained of, he may be compelled to do so by the circuit court of the county by mandamus. A party to any such proceeding, as to which an appeal will lie as aforesaid may avail himself of any error appearing on the record by which he is prejudiced without obtaining a formal bill of exceptions, provided he objects or excepts on the record to the action of the court complained of, and provided it is such a matter as can be considered without a formal bill of exceptions.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-4. Presentation of Petition for Appeal; When Petition Must Be Presented; Original Record to Accompany Petition

In any case in which an appeal lies under section one of this article on behalf of a party to a controversy in a county court, such party may present to the circuit court of the county in which the judgment, order or proceeding complained of was rendered, made or had, or in the vacation of such court, to the judge of such court, the petition of such party for an appeal. Such petition shall be presented within four months after such judgment, order or proceeding was rendered, had or made, and shall assign errors. It shall be accompanied by the original record of the proceeding in lieu of a transcript thereof. Such original record shall be understood as including all papers filed in the proceeding, certified copies of all orders entered in the proceeding, copies of which are not in the files, and all matters included in bills of exceptions, or certificates in lieu thereof, as provided in section three of this article. The record may likewise include and the court may consider an agreed statement of facts, and, in case the testimony in the proceeding below was not stenographically reported and preserved, a certificate of facts made by such commissioners, or a majority of them.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-5. Procedure When Appeal Allowed

If the appeal be allowed, it shall be docketed and the order of allowance shall specify what bond, if any, is required before such appeal shall take effect, and the petition and record mentioned in the preceding section shall be filed with the clerk of the circuit court. A copy of the order of allowance shall be served upon the opposite party, and upon proper return of such service and the execution of the required bond, the appeal shall be proceeded with in the circuit court. The petition shall be heard and determined and the appeal shall be decided upon the original record of the proceeding as defined in the preceding section.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 3. Appeals From County Commissions › §58-3-6. Application to Supreme Court of Appeals When Appeal Refused by Circuit Court; Action by Supreme Court of Appeals

If the appeal be refused by the circuit court, the refusal shall be indorsed on the petition, which, together with the original record mentioned in section four of this article, may then be presented to the Supreme Court of Appeals, or a judge thereof in vacation. If the matter be one in which an appeal would lie to that court from a judgment of the circuit court affirming the action of the county court, the Supreme Court of Appeals, or judge thereof, may in such case allow or refuse the appeal, and, in case of allowance, the allowance shall be certified to the circuit court and the like proceedings shall be had in the circuit court as if the allowance were by the circuit court or judge.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-1. When Appeal, Writ of Error or Supersedeas to Be Awarded by Circuit Court or Judge

An appeal from, or writ of error or supersedeas to, any judgment, decree or order of any court of record of limited jurisdiction established under the provisions of section 19 of article VIII of the Constitution of this state may be awarded by the circuit court of the county, or the judge thereof in vacation, in any instance where, if such judgment, decree or order had been rendered in the circuit court, there might be obtained from the Supreme Court of Appeals, or a judge thereof in vacation, an appeal therefrom, or writ of error or supersedeas thereto, under the provisions of section one of article five of this chapter.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-2. Certification to Appellate Courts as to Sufficiency of Summons, Return of Service, Pleading, Motion for Summary Judgment, etc.

Any question arising in such court of limited jurisdiction upon the sufficiency of a summons or return of service, upon a challenge of the sufficiency of a pleading or the venue of such court of limited jurisdiction, upon the sufficiency of a motion for summary judgment where such motion is denied, or a motion for judgment on the pleadings, upon the jurisdiction of such court of limited jurisdiction of a person or subject matter, or upon failure to join an indispensable party, may, in the discretion of the court, and shall, on the joint application of the parties to the suit, in beneficial interest, be certified by it to the circuit court of the county for its decision, and further proceedings in the case stayed until such question shall have been decided and the decision thereof certified back: Provided, That no such question shall be so certified except in a case in which, if it were in the circuit court, it might be certified from the circuit court to the Supreme Court of Appeals under the provisions of section two of article five of this chapter. The manner and form of such certification, and the procedure thereupon, shall be governed by the provisions of said section two. After the question shall have been decided by the circuit court, and an order in pursuance thereof entered, it may, in the discretion of the circuit court, and shall, on the joint application of the parties to the suit, in beneficial interest, be certified by the circuit court to the Supreme Court of Appeals for its decision, in the manner and with the effect provided in section two of article five of this chapter.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-3. Petition for Writ of Error, Appeal or Supersedeas

Any person who is a party to any controversy in such court of limited jurisdiction, wishing to obtain a writ of error, appeal or supersedeas, may present a petition therefor to the circuit court of that county, or the judge thereof in vacation, which petition shall assign errors.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-4. Time for Appeal or Writ of Error; Notice of Intent to File Petition in Criminal Cases to Be Filed With Clerk Stating Grounds

No petition shall be presented to the circuit court or judge for an appeal from, or writ of error or supersedeas to, any judgment, decree or order rendered or made by such court of limited jurisdiction, whether the state be a party thereto or not, which shall have been rendered or made more than four months before such petition is presented: Provided, That the judge of such court of limited jurisdiction may, prior to the expiration of such period of four months, by order entered of record extend and reextend such period for such additional period or periods, not to exceed a total extension of four months, as in his opinion may be necessary for preparation of the transcript, if the request for such transcript was made by the party seeking such judicial review within sixty days after such judgment, decree or order was rendered or made. Such judge may also extend and reextend such period for such additional period or periods of time not to exceed a total extension of four months, upon petition made prior to the expiration of the initial four month period for good cause shown and if the request for such transcript was made by the party seeking such judicial review within sixty days after such judgment, decree or order was rendered or made.
In criminal cases no petition for appeal or writ of error shall be presented unless a notice of intent to file such petition shall have been filed with the clerk of the court in which the judgment was entered within sixty days after such judgment was entered. The notice shall fairly state the grounds for the petition without restricting the right to assign additional grounds in the petition.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-5. Stay of Proceedings; Bond

At the instance of any person who desires to present such petition, the court of limited jurisdiction, in which the judgment, decree or order is, may, during the term at which it is rendered or made, or the judge of such court may, within twenty days after such term is ended, upon notice in writing to the opposite party (in either case the court or the judge exercising a discretion), make an order suspending the execution of such judgment, decree or order, for a reasonable time to be specified in such order, when such person shall give bond before the clerk of such court, in such penalty as the court or judge may require, with a condition reciting such judgment, decree or order, and the intention of such person to present such petition, and providing for the payment of all such damages as any person may sustain by reason of such suspension in case a supersedeas to such judgment, decree or order should not be allowed and be effectual within the time so specified.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-6. Filing of Petition; Transmission of Petition and Record; Payment of Expenses and Fees; Compensation of Clerk; Return of Record

Such petition, together with a copy thereof, shall be first filed in the office of the clerk of the court of limited jurisdiction wherein the judgment, decree or order complained of was entered, and such clerk, retaining in his office the copy of such petition, shall, as soon as may be, transmit to the clerk of the circuit court the original, together with the record of so much of the case wherein the judgment, decree or order is as will enable the court or judge to whom the petition is to be presented properly to decide on such petition, and enable the court, if the petition be granted, properly to decide the questions that may arise before it. The clerk of the court of limited jurisdiction, before transmitting the record as aforesaid, shall arrange the papers, as nearly as may be, in the order of the filing and entry thereof, numbering the pages, make and certify copies of all orders entered in the case, copies of which are not in the files, and prepare and annex to the record a table of contents or index. Before such petition and record are transmitted as aforesaid, the petitioner shall pay to the clerk of the court of limited jurisdiction all the expenses of preparation and indexing of the record and all fees for filing the petition and making and certifying necessary copies of orders, and the clerk shall indorse on the petition that such expenses and fees have been paid. Insofar as provision therefor is not made by existing law, the compensation of the clerk of the court of limited jurisdiction for services rendered hereunder shall be fixed by the judge of such court. If the prayer of the petition be not granted, and the petition and record be not presented to the Supreme Court of Appeals or a judge thereof as provided in the following section, the petition and record shall be returned to the office of the clerk of the court of limited jurisdiction.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-9. Allowance of Appeal or Writ of Error or Supersedeas; Stay of Proceedings

The court or judge to whom a petition is duly presented, if of opinion that the decision complained of ought to be reviewed, may allow an appeal, writ of error or supersedeas, and may stay proceedings either in whole or in part.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-11. Issuance of Summons and Supersedeas; Order of Publication; Service and Return of Certified Copy of Order

The clerk of the circuit court shall thereupon issue a summons against the parties interested, other than the petitioners, that they may be heard, and also issue any supersedeas which may be awarded, which summons or supersedeas may be made returnable to any day of the next term of the circuit court and may be served upon the party in person or his attorneys in the court of limited jurisdiction from which the appeal or writ of error is taken, or, in a proper case, by the execution of an order of publication as provided in sections twenty-seven and twenty-eight, article three, chapter fifty-six of this code relating to causes pending in the Supreme Court of Appeals, and all the provisions of section twenty-nine of said article three shall apply in the case of an appeal, writ of error or supersedeas prosecuted under the provisions of this article. In lieu of the summons and supersedeas aforesaid, a certified copy of the order allowing the appeal or writ of error and supersedeas, if a supersedeas is granted, may be served and returned in the same manner, and with the same effect, as such summons, or such summons and supersedeas, as the case may be, is to be served and returned. The clerk of the circuit court shall indorse on such certified copy the date when it is returnable.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-12. Indorsements on Writs as to Bond

The clerk of the circuit court shall indorse on the summons or supersedeas, or on the certified copy of the court order in lieu thereof, that it is not to be effectual until the bond required by the following section, with good personal security, be given before the clerk of the court of limited jurisdiction, who shall take such bond and indorse on the process, or on the certified copy of the court order in lieu thereof, that it has been given, and the names of the sureties therein, and forward to the clerk of the circuit court a certified copy of such bond.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-13. Appeal Bond

Except when an appeal, writ of error or supersedeas is proper to protect the estate of a decedent, convict or insane person, the same shall not take effect until bond is given by the appellants or petitioners, or one of them, or some other person, in a penalty to be fixed by the court or judge by or in which the appeal, writ of error or supersedeas is allowed or entered, with condition as provided in section fourteen, article five of this chapter; and all the provisions of section fifteen of said article, relating to indemnifying bonds and additional bonds, shall apply in the case of an appeal, writ of error or supersedeas under the provisions of this article.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-14. Time for Presenting and Giving Bond

No process shall issue upon any appeal, writ of error or supersedeas allowed by a circuit court, or in the case of an order of rejection the Supreme Court of Appeals, or judge of either of such courts to or from a judgment, decree or order, if, when the record is delivered to the clerk of the appropriate court, four months (or the extended period or periods, if any, allowed by order pursuant to either section four or section seven of this article, as the case may be) shall have elapsed since the date of such judgment, decree or order; but the appeal, writ of error or supersedeas shall be dismissed whenever it appears that four months or the extended period, if any, as the case may be, has elapsed since such date before the record is delivered to such clerk, or that two months have elapsed since the date when the appeal, writ of error or supersedeas was granted before such bond is given as is required to be given before the appeal, writ of error or supersedeas takes effect.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-15. Time and Manner of Hearing

The order of priority of hearing causes pending in circuit courts upon an appeal, writ of error or supersedeas from courts of limited jurisdiction shall be such as the Supreme Court of Appeals shall prescribe under the provisions of section nineteen, article five of this chapter for causes pending in the Supreme Court of Appeals. Any cause so pending in a circuit court, unless for good cause shown a continuance of the hearing to a future term of the court be granted, may be heard at the next term of court after the appeal, writ of error or supersedeas is granted: Provided, That no cause shall be heard until all proper process has been served as provided in section eleven of this article, and all proper bonds have been taken as provided in section thirteen of this article. The manner of hearing shall be such as the circuit court shall prescribe.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-16. Petition to Be Heard and Case Decided Upon Original Record

For the purpose of hearing and determining the petition and deciding the appeal or writ of error in the circuit court, no transcript of the record shall be made, but the petition shall be heard and determined and the appeal or writ of error decided upon the original papers and certified copies of orders constituting the record of the case, as described in section six of this article, which accompanied the petition on the application for the appeal, writ of error or supersedeas.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-17. Judgment of Circuit Court; Appeal or Writ of Error to Supreme Court of Appeals

The circuit court, where an appeal, writ of error or supersedeas has been allowed by such court or the judge thereof in vacation, shall, upon the hearing thereof, affirm such judgment, decree or order if there be no error therein prejudicial to the appellant, or reverse the same in whole or in part if erroneous; and, if reversed, the circuit court may enter such judgment, decree or order as the court of limited jurisdiction should have entered, or may retain the case for new trial or hearing on further proceedings, or may remand it to the court of limited jurisdiction to be further proceeded in and finally determined. From any action of the circuit court in affirming or reversing any judgment, decree or order of such court of limited jurisdiction, an appeal or writ of error shall lie to the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-18. Procedure After Circuit Court's Decision of the Appeal or Writ of Error

When, after reversal, the case is retained in the circuit court for a new trial or hearing on further proceedings, it shall be docketed and proceeded in to final judgment or decree in the same manner and with the same effect as if it had originally been instituted in the circuit court; the papers shall be retained in the office of the clerk of the circuit court; execution or other final process may issue therefrom; and the clerk of the circuit court shall certify to the clerk of the court of limited jurisdiction the fact that the case is so retained, which certification shall be entered of record in the court of limited jurisdiction. When the judgment, decree or order is affirmed in the circuit court, or when it is reversed, in whole or in part, and the circuit court, without a new trial or hearing on further proceedings, enters such judgment, order or decree as the court of limited jurisdiction should have entered, the clerk of the circuit court shall, as soon as practicable, certify the decision of the circuit court and transmit all the papers of the cause to the clerk of the court of limited jurisdiction, and the court of limited jurisdiction shall enter the decision of the circuit court as its own, and execution or other final process may issue accordingly. If such decision be received by the clerk of the court of limited jurisdiction in vacation, he shall enter it of record in his order book, and thereupon such execution or other final process may issue and such proceedings be had in the case as would have been proper if the decision had been entered in court. When the case is reversed by the circuit court and remanded to the court of limited jurisdiction for further proceedings, the clerk of the circuit court shall, as soon as practicable, certify the decision of the circuit court and transmit all the papers of the cause to the clerk of the court of limited jurisdiction, and the decision of the circuit court shall be entered of record in the court of limited jurisdiction.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-18a. Writ of Error to Judgment Quashing Indictment

Notwithstanding anything hereinbefore contained in this article, whenever in any criminal case an indictment is held bad or insufficient by the judgment or order of any court of record of limited jurisdiction, the state, on the application of the Attorney General or the prosecuting attorney, may obtain a writ of error to secure a review of such judgment or order by the circuit court of the county in which such court of record of limited jurisdiction sits. No such writ of error shall be allowed unless the state presents its petition therefor to the circuit court, or a judge thereof, within thirty days after the entry of such judgment or order. No such judgment or order shall finally discharge, or have the effect of finally discharging, the accused from further proceedings on the indictment unless the state fails, within such period of thirty days, to apply for such writ of error, or fails to obtain such writ of error upon an application made within such period; but after the entry of such judgment or order the accused shall not be kept in custody or required to give bail pending the hearing and determination of the case by the circuit court, or by the Supreme Court of Appeals if a writ of error is thereafter sought with respect to the decision of the circuit court. If, upon the allowance of any such writ of error, process from the circuit court (or the Supreme Court of Appeals in the event of further judicial review as aforesaid) cannot for any reason be served personally upon the accused, service may be had by filing a copy thereof in the clerk's office of the court of record of limited jurisdiction which entered such judgment or order (or the circuit court if further judicial review is had as aforesaid). Every such writ of error shall be heard and determined as speedily as possible. If the judgment is reversed and the indictment is held to be good and sufficient for a trial of the accused thereon, the case shall be remanded to the court of record of limited jurisdiction in which the indictment was found, in order that such trial may be had.
Except as herein otherwise provided, all of the provisions of the other sections of this article shall, so far as appropriate, be applicable to a petition for a writ of error under this section, and to all subsequent proceedings thereon in case such writ of error is allowed or granted.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 4. Appeals From Courts of Record of Limited Jurisdiction › §58-4-19. When Law and Rules Governing Appeals to Supreme Court of Appeals to Apply

In any instance where this article fails to provide a specific method of procedure on appeals from courts of limited jurisdiction to circuit courts, the law and rules applying in the matter of appeals from circuit courts to the Supreme Court of Appeals, so far as applicable, shall govern the procedure in the circuit courts on appeals from, or writs of errors or supersedeas to, courts of limited jurisdiction.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 5. Appellate Relief in the Intermediate Court of Appeals and the Supreme Court of Appeals › §58-5-1. When Appeal Lies

(a) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties:
Provided
, That an appeal of a final order or judgment of a circuit court entered after June 30, 2022, shall be to the Intermediate Court of Appeals, as required by 51-11-1
et seq
. of this code.
(b) As provided in 51-11-10 of this code, a party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accordance with rules promulgated by the Supreme Court of Appeals.
(c) The defendant in a criminal action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court in which there has been a conviction, or which affirms a conviction obtained in an inferior court.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 5. Appellate Relief in the Intermediate Court of Appeals and the Supreme Court of Appeals › §58-5-2. Certification to Supreme Court of Appeals

Any question of law, including, but not limited to, questions arising upon the sufficiency of a summons or return of service, upon a challenge of the sufficiency of a pleading or the venue of the circuit court, upon the sufficiency of a motion for summary judgment where such motion is denied, or a motion for judgment on the pleadings, upon the jurisdiction of the circuit court of a person or subject matter, or upon failure to join an indispensable party, may, in the discretion of the circuit court in which it arises, be certified by it to the Supreme Court of Appeals for its decision, and further proceedings in the case stayed until such question shall have been decided and the decision thereof certified back. The procedure for processing questions certified pursuant to this section shall be governed by rules of appellate procedure promulgated by the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 5. Appellate Relief in the Intermediate Court of Appeals and the Supreme Court of Appeals › §58-5-4. Time for Appeal

No petition shall be presented for an appeal from any judgment rendered more than four months before such petition is filed with the clerk of the court where the judgment being appealed was entered: Provided, That the judge of the circuit court may, prior to the expiration of such period of four months, by order entered of record extend and reextend such period for such additional period or periods, not to exceed a total extension of two months, for good cause shown, if the request for preparation of the transcript was made by the party seeking such appellate review within thirty days of the entry of such judgment, decree or order.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 5. Appellate Relief in the Intermediate Court of Appeals and the Supreme Court of Appeals › §58-5-5. Stay of Proceedings Pending Appeal; Supersedeas Bond; Post-Conviction Bail

A petition for stay of proceedings pending appeal, supersedeas bond or post-conviction bail relief shall be filed and processed in accordance with rules of appellate procedure promulgated by the Supreme Court of Appeals.
2023 West Virginia Code › Chapter 58. Appeal and Error › Article 5. Appellate Relief in the Intermediate Court of Appeals and the Supreme Court of Appeals › §58-5-30. Appeal by State of Judgment Quashing Indictment

Whenever in any criminal case an indictment is held bad or insufficient by the judgment of a circuit court, the state, on the application of the Attorney General or the prosecuting attorney, may appeal such judgment to the Supreme Court of Appeals. No such appeal shall be allowed unless the state presents its petition therefor to the Supreme Court of Appeals within thirty days after the entry of such judgment. No such judgment shall finally discharge, or have the effect of finally discharging, the accused from further proceedings on the indictment unless the state fails, within such period of thirty days, to file a petition for appeal with the clerk of the court in which judgment was entered; but after the entry of such judgment or order the accused shall not be kept in custody or required to give bail pending the hearing and determination of the case by the Supreme Court of Appeals.
Except as herein otherwise provided, all the provisions of the other sections of this article shall, so far as appropriate, be applicable to a petition for an appeal under this section, and to all subsequent proceedings thereon in the Supreme Court of Appeals in case such appeal is granted.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-1. Fee for Use of State Seal

Except when the seal is used on the papers of a requisition issued by the Governor for the return of a fugitive from justice, or when the seal of the state is affixed to any certificate, credential or commission of a public officer, and except in cases where it is otherwise provided by law, there shall be a tax of $1 whenever the seal of the state is affixed to any paper, which tax shall be paid to the Secretary of State, and by him paid into the treasury of the state.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-2b. Purchase of Voter Registration Lists and Election Data; Fees

(a) Except as may be otherwise provided in this code, the Secretary of State shall charge the following fees for data originating in the statewide voter registration system to be paid by the person for whom the service is rendered at the time it is performed:
(1) Election Cycle Subscription Service $1,000
(2) Statewide Voter Registration List $500
(3) Master Voter History List Export $500
(4) Statewide Early Voters List $200
(5) Statewide Absentee Requests List $200
(6) Statewide Absentee Received List $200
(7) Partial Voter Registration List Current hourly rate
(8) Voter History List Current hourly rate
(9) Complex Research Query Current hourly rate
(10) Update to a request made under subdivision
(2), (4), (5), or (6) of this subsection during the election
year in which the list was requested……………………….................... Current hourly rate
(11) Update to a request made under subdivision (3)
between the day following the request date and the completion
of voter history as required by section eighteen, article two,
chapter three of this code for the next succeeding primary,
general or odd-year election ……….……………………………………… Current hourly rate
(b) For the purposes of this section, “Election Cycle Subscription Service” includes:
(1) Statewide Registered Voter List updated monthly throughout the year and updated daily starting thirty days prior to election day through election day;
(2) Master Voter History List Export following certification of the primary, general and odd-year elections;
(3) Statewide All Mail-in Absentee Request List and Statewide Public Received Mail-in Absentee List for the primary, general and odd-year elections, updated daily starting thirty days prior to election day through ten days following election day; and
(4) Statewide Early Voters List for the primary, general and odd-year elections, updated daily starting on the first day of early voting through election day.
(c) At the time that a request is made under subdivision (7), (8) or (9), subsection (a) of this section, the current hourly rate, as determined by the Secretary of State, shall be communicated to the prospective purchaser along with an estimate of the number of hours needed to fulfill the request before any list is compiled.
(d) Net proceeds from the sale of data originating in the statewide voter registration system, along with any interest on such funds, shall be deposited into the State Election Fund as set forth in subsection (b), section forty-eight, article one, chapter three of this code.
(e) The fees provided for in this section shall remain in effect until such time as the Legislature has approved rules promulgated by the Secretary of State, in accordance with the provisions of article three, chapter twenty-nine-a of this code, establishing a schedule of fees for services.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-2c. Young Entrepreneur Reinvestment Act; Certain Fees Waived

Beginning on July 1, 2016, a person who is under the age of 30 who resides within West Virginia is exempt from paying the fees provided in section two of this article for filing:
(1) Articles of incorporation of a domestic, for profit corporation, for which he or she is an incorporator;
(2) Articles of incorporation of a domestic, nonprofit corporation for which he or she is an incorporator;
(3) Articles of organization of a domestic limited liability company, for which he or she is a member;
(4) Agreement of a domestic general partnership, for which he or she is a partner; or
(5) Certificate of a domestic limited partnership, for which he or she is a partner.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-3. Fees to Be Charged by Auditor

The Auditor shall charge for services rendered in his office the following fees to be paid by the person to whom the service is rendered at the time it is done:
Land grants not exceeding five hundred words $1.50
For each additional five hundred words or fractional part thereof 1.00
For certificate of redemption, where taxes and interest are $5 and under 1.00
For certificate of redemption, where taxes and interest are over $5 and under $20 1.50
For certificate of redemption, where taxes and interest are over $20 2.00
For making search as to title, etc., when not over one hour 2.50
For each additional hour 2.00
For transcript of records and certifying to same when not over one hundred words1.50
For each additional one hundred words .25
For a certificate of reinstatement of corporation charter 5.00
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-4. Fees Collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to Be Paid Into State Treasury; Accounts; Reports

Except as otherwise provided by law, the fees to be charged by the Auditor, Secretary of State and Clerk of the Supreme Court of Appeals, by virtue of this article or any other law, are the property of the State of West Virginia. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall account for and pay into the State Treasury at least once every thirty days all fees collected or appearing to be due to the state, to the credit of the general state fund or other fund as provided by law. The Auditor, Secretary of State and Clerk of the Supreme Court of Appeals shall each keep a complete and accurate itemized account of all fees collected by them and the nature of the services rendered for which all fees were charged and collected, in accordance with generally accepted accounting principles, as provided in article two, chapter five-a of this code. All accounts shall be open to inspection and audit as provided in article two, chapter four of this code.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-5. Violations of Preceding Section

Any wilful violation of the preceding section by the Auditor, Secretary of State or clerk of the Supreme Court of Appeals, or any wilful failure by either of them to make the reports or pay over the money or keep the accounts as provided for in the preceding section, shall be deemed a felony, and, upon conviction thereof the party offending shall be fined not more than $5,000, and confined in the penitentiary for a period of not more than ten years.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-6. Fees to Be Charged by Surveyors

Surveyors may charge the following fees:
For all surveying actually done (unless by specia lcontract), for the first one hundred poles, or any less distance, long measure, per pole $.01
After the first one hundred poles, long measure, per pole .005
For tracing and examining old surveys to ascertain the true lines, their distance and courses, or for doing surveying in and about any mines, cities, towns or villages, the surveyor may charge $5.00 for every day necessarily so employed, in lieu of charging by the pole: Provided, That nothing in this section shall prevent any party having surveying done from making a contract for a different compensation. For calculating the quantity for less than six courses or lines .50
When land is divided, for calculating each division, if less than six courses .50
For every course or line of more than six courses .03
For making a plat of six courses, or less .50
For every course more than six .03
For recording a plat and certificate, if not more than
six courses .50
For every course above six .03
For a copy of a plat and certificate, where there are not more than six courses .50
For every course above six .03
For a copy of an entry .50
For every search where no copy is required .25
For giving receipt for any paper .15
For traveling to the place of surveying and returning, per mile .05
If surveying be done at different places, on the same tour, the mileage shall be apportioned among the different surveys according to their distance from the residence of the surveyor or deputy and each other, so that the surveyor shall not receive more than 5¢ a mile for going and returning for any one trip.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-7. Fees to Be Charged by Notaries Public

A notary public may charge the following fees:
When there is a protest by him for the record thereof, making out instrument of protest under his official seal and notice of dishonor to one person besides the maker of a note or acceptor of a bill $1.00
For every additional notice .10
For taking and certifying the acknowledgment of any deed or writing .50
For administering and certifying an oath, unless it be the affidavit of a witness.25
For taking and certifying affidavits or depositions of witnesses, at the rate, for each hour actually employed in taking the same, of .75
For other services, where no specific fee is prescribed the same fees as are allowed by law to the clerk of the circuit court for similar services.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-8. Compensation of Commissioners of Courts

A commissioner, except where it is otherwise specially provided, shall be allowed for any service such compensation as the court of which he is commissioner may from time to time prescribe. The commissioner shall indicate to the court, in writing, the compensation he believes he is entitled to receive for services performed.
A commissioner shall not be compelled to make out or return a report until his compensation therefor be paid or security given him to pay so much as may be adjudged right by the court to whom the report is to be returned, or, if it be a circuit court or court of limited jurisdiction, by the judge thereof in vacation, unless the court or judge see cause to order it to be made out and returned without such payment or security, and shall so order.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-9. Compensation of Fiduciary Commissioners; Procedure for Approving

The county commission shall promulgate by order a schedule of fees or a rate of compensation for the guidance of fiduciary commissioners, based upon the actual time spent and actual services rendered, or both a schedule and a rate of compensation as the commissioners may deem appropriate: Provided, That no fee may be based solely upon the amount of the estate. A copy of these fees or rates shall be posted in a conspicuous place in the county courthouse.
The fiduciary commissioner shall submit to the commission an itemized statement of services rendered and time expended in the settling of every estate, along with a statement of fees charged therefor. The county commission shall review all fees charged by a fiduciary commissioner, and shall approve, disapprove or modify the fee as it may deem appropriate. In reviewing any fee the county commission shall consider the following: (1) The time and labor expended; (2) the difficulty of the questions raised; (3) the skill required to perform properly the services rendered; (4) the customary fee for like work; and (5) any time limitations imposed by the personal representative, any beneficiary, or by the attendant circumstances.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-12. Payment of Fines by Credit Card or Payment Plan

A circuit court may accept credit cards in payment of all fines, cost, forfeiture, restitution or penalties. The Supreme Court of Appeals shall adopt rules regarding the use of credit or check cards to pay fines, and any charges made by the credit card company may be paid from the gross credit card collections.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-13. Fees to Be Charged by Clerk of Supreme Court of Appeals

The Clerk of the Supreme Court of Appeals shall charge the following fees to be paid by the parties for whom the services are rendered:
For all copies of petitions, records, orders, opinions or other papers, per page. 25¢
For each certificate under seal of the court $5
For license to practice law, suitable for framing. $25
For docketing any civil appeals, including appeals from Family Courts, but not including, appeals in workers' compensations cases, any action in the Supreme Court's original jurisdiction or any other action, cause or proceeding $200
For any other work or services not herein enumerated, the clerk shall charge the fees prescribed for similar services by clerks of circuit courts.
Fees collected for docketing civil appeals shall be expended, in the discretion of the West Virginia Supreme Court of Appeals, solely to provide grants to the federally designated provider of civil legal services for low income citizens in the state.
2023 West Virginia Code › Chapter 59. Fees, Allowances and Costs; Newspapers; Legal Advertisements › Article 1. Fees and Allowances › §59-1-15. Payments to Sheriffs and Clerks Out of State or County Treasury

There shall be paid out of the State Treasury to clerks and sheriffs for services rendered the state in a civil case such fees as would be chargeable for the like service of an individual, after such fees are duly certified to the Auditor. There shall be paid by the county court according to the provisions of article five, chapter sixty-two of this code, the following fees, after the same are duly certified to such court: To the sheriff or other officer, for an arrest for felony, $1, and for conveying any person charged with or convicted of felony, to jail, or from one jail to another, for each mile in going and returning, 5¢. The officer shall also be allowed for the support of the prisoner during the removal, and for assistance to make the arrest or effect the removal, such charge as may have been necessarily incurred by him to be shown by his own affidavit, if living, or, if he be dead, by the affidavit, of some credible person; and where he has assistance, by the affidavit also of each person employed by him or by such of them as may be alive and within the jurisdiction of the court, and if none of them be alive or within the jurisdiction of the court, the court may allow such claim upon his own affidavit. Such charge for assistance shall not exceed, in making an arrest, $1 per day for each person employed to assist him and in conveying a prisoner, not to exceed 5¢ per mile going and returning for each guard. The officer shall also be allowed for impaneling a jury in case of a felony, $1.