WV · rules
W. Va. R. App. P. 31
Motions to dismiss the appeal
(a) By party. At any time after the filing of an appeal, any party to the action appealed from may move the Intermediate Court or Supreme Court to dismiss the appeal on any of the following grounds: (1) failure to properly perfect the appeal; (2) failure to obey an order of the Intermediate Court or the Supreme Court; (3) failure to comply with these rules; (4) lack of an appealable order, ruling, or judgment; or (5) lack of jurisdiction. Such motion shall be filed and served in accordance with Rule 37.
(b) By Court. The Intermediate Court or the Supreme Court may on its own motion notify any party who is in violation of the grounds set out in subsection (a) and fashion appropriate sanctions including the dismissal of the appeal.
(c) Hearing. No oral argument shall be held on such motion, unless directed by order.
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b5ff466a9fe178dd8acbc62e54144f2dae697459bd3520fa18c38d5d05d4f5eb
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