The notice of appeal is the Appendix A form of the West Virginia Rules of Appellate Procedure, published by the Supreme Court of Appeals of West Virginia for appeals taken to the Intermediate Court of Appeals or the Supreme Court of Appeals. It identifies the case, the parties and counsel, the judgment appealed, and the issues you raise, and it lists what must be attached. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the court publishes the original at courtswv.gov.
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What is Appendix A?
The Notice of Appeal (Appendix A - Rules of Appellate Procedure) is the five-page form on which a party tells the Intermediate Court of Appeals and the Supreme Court of Appeals of West Virginia which lower-tribunal decision is being appealed and why the court should review it.
Sections 1 to 14 collect the case title and numbers, the lower tribunal and judge, the petitioners, respondents and non-participants with their counsel, the dates of judgment, and yes/no questions about finality, prior appeals, related cases, confidentiality, corporate parents and possible disqualification. Section 15 asks whether a transcript is needed. Sections 16 and 17 call for attached statements: the nature of the case, relief sought and outcome below (two double-spaced pages) and the assignments of error (eight double-spaced pages). Section 18 lists the attachments, and two certifications close the notice.
The same PDF also contains the Appellate Transcript Request Form (page 4), to be completed when a transcript is necessary, and a Notice of Appeal – Extra Sheet (page 5) for answers that do not fit. The court's forms page lists the extra sheet as a separate item, Notice of Appeal - Extra Sheet (Appendix A - Rules of Appellate Procedure). Criminal, abuse and neglect, and family court appeals have their own entries on the form.
Who needs to file Appendix A?
A party who is appealing a decision of a lower tribunal to the Intermediate Court of Appeals or the Supreme Court of Appeals of West Virginia completes this notice. Section 3 lists every party who joins in the appeal, with counsel of record for each; self-represented parties give their own address, phone number and e-mail address.
Other people the form addresses:
- Respondents (section 4): parties against whom the appeal is taken are listed, not asked to complete the notice.
- Non-participants (section 5): parties to the lower tribunal action who will not take part in the appeal are listed with their counsel, or, for a self-represented litigant, name, address and telephone number.
- Criminal cases (section 7): state the defendant's sentence and bail status.
- Abuse and neglect cases (section 8): provide an extra sheet about the minor children, parental rights, proposed placement and guardians ad litem.
- Corporate appellants (section 13): list parent corporations and any public company owning ten percent or more of the stock, or check the box that none exist.
The certifications are signed by counsel of record or the self-represented party. The form's docket fee does not apply to criminal cases, appeals from the Workers' Compensation Board of Review or original jurisdiction actions.
When to file Appendix A
The notice of appeal is filed to begin an appeal from the lower tribunal's decision, so the triggering event is the entry of the judgment or order you are appealing. Section 6 asks for the date of entry of that judgment and, if any, of the judgment on post-trial motions. The form prints no filing deadline of its own, but section 18 asks you to attach any order deciding a timely post-trial motion and any order extending the time period for appeal.
If you need a transcript, timing also matters for it: the transcript request form warns that failure to make timely and satisfactory arrangements with the court reporter, including financial arrangements, may result in denial of motions for extension of the appeal period or dismissal of the appeal for failure to prosecute. The second certification states that copies of the notice and attachments were served on or before the date you sign. Check the Rules of Appellate Procedure for the appeal period that applies to your case.
Documents you need
- Extra sheets with supplemental information responding to sections 1-14, attached first and in order, where the form's space is not enough or a section calls for an extra sheet.
- A double-spaced statement of the nature of the case, relief sought and outcome below, not to exceed two pages, as section 16 requires.
- A double-spaced statement of the assignments of error, not to exceed eight pages, as section 17 requires.
- A copy of the lower tribunal's decision or order you are appealing; copies of all orders being appealed are called for on page 1.
- A copy of any order deciding a timely post-trial motion, if one was entered.
- A copy of any order extending the time period for appeal, if one was entered.
- The statutory docket fee (check or money order payable to the State of West Virginia) or a copy of the lower court's order granting the fee waiver application; the fee does not apply to criminal cases, Workers' Compensation Board of Review appeals or original jurisdiction actions.
- A brief explanation of why the order is proper for the court to consider, only if you answer NO to both questions in section 9a.
- Documentation for the transcript payment option you check on the transcript request form, such as the order appointing counsel or documentation of advance payment waived, if a transcript is requested.
How to fill out Appendix A
Enter case title and numbers
In section 1, write the complete case title and the case numbers in the lower tribunal, including all party designations such as plaintiff or intervenor. Use an extra sheet if necessary.
Identify the lower tribunal and judge
In section 2, enter the county or lower tribunal appealed from and the name of each judge who issued the decisions. If the presiding judge was appointed by special assignment, explain the circumstances on an extra sheet.
List petitioners, respondents and non-participants
In sections 3 and 4, give each party's counsel of record with name, firm, address, phone and e-mail; self-represented parties give an address, phone and e-mail. In section 5, list parties who will not take part in the appeal.
Enter judgment dates and case details
In section 6, enter the date of entry of the judgment on appeal and of any judgment on post-trial motions. In section 7, give the sentence and bail status in criminal cases. In section 8, for abuse and neglect cases, attach the extra sheet about the children.
Answer finality and family court questions
In section 9a, check YES or NO for a final decision on the merits and, if NO, whether R. Civ. P. 54(b) applies; if both are NO, attach an explanation. In section 9b, check whether the family court order was entered under W. Va. Code 48-9-203(f).
Report prior appeals, related cases and confidentiality
In section 10, give the case name, docket number and disposition of each prior appeal. In section 11, cite any related pending cases with status and relationship. In section 12, identify any confidential part and the specific authority for confidentiality.
Complete corporate and disqualification sections
In section 13, attach an extra sheet naming parent corporations and any public company owning ten percent or more, or check the no-parent box. In section 14, check YES or NO on disqualification of any judge or justice and, if YES, state the basis on an extra sheet.
Decide whether a transcript is needed
In section 15, check YES or NO on whether a transcript is necessary for the Court to fairly consider the assignments of error. If YES, complete the transcript request form on page 4.
Prepare the two attached statements
Write the section 16 statement of the nature of the case, relief sought and outcome below (two double-spaced pages) and the section 17 assignments of error (eight double-spaced pages). For each assignment, state the issue and why the court should review it.
Complete the transcript request form
On page 4, enter the court reporter's name and address, case number, county, date of final order, and each proceeding's date, type, length and judge. Check the payment arrangement, sign, and enter the date mailed to the court reporter.
Use extra sheets where needed
On page 5, enter the case name and the section number in Response to SECTION for each supplemental answer. Attach these sheets first, as section 18 directs.
Sign, review and download the PDF
Sign and date both certifications as counsel of record or self-represented party, and check that section 18 attachments are listed in order. Download or print the completed PDF from FillingPDF and assemble the package as described under How to submit.
How to submit Appendix A
The form names no filing address, portal or other channel; it prints only what must accompany the notice and who must receive copies. The court publishes the form among its court forms at https://www.courtswv.gov/public-resources/court-forms.
- Package: attach, in order, the extra sheets answering sections 1-14, the statement for section 16, the statement for section 17, the lower tribunal's order, any order deciding a timely post-trial motion, any order extending the appeal time, and the docket fee or the fee-waiver order.
- Docket fee: where a fee applies, a check or money order is made payable to the State of West Virginia. The form states the fee but this page does not; confirm the current amount with the court.
- Service: the second certification says copies of the notice and attachments were served on all parties and provided to the clerk of the circuit court and to each court reporter from whom a transcript is requested.
- Transcript request: a separate request form is completed for each court reporter, and the date mailed to the reporter is entered on it.
FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Leaving out copies of the order being appealed, or of an order deciding a timely post-trial motion or extending the appeal period.
- Answering NO to both parts of section 9a without attaching the brief explanation of why the order is proper for the court to consider.
- Exceeding the page limits: two double-spaced pages for section 16 and eight for section 17.
- Marking a transcript as necessary in section 15 without completing the transcript request form on page 4.
- Using one transcript request form for several court reporters; a separate form is required for each.
- Not making timely, satisfactory financial arrangements with the court reporter, which can lead to denial of extension motions or dismissal for failure to prosecute.
- Treating section 14 as a substitute for a disqualification motion; the form says a motion under Rule 33 is still required.
- Omitting the docket fee or fee-waiver order where the fee applies, such as an appeal from family court to the Supreme Court of Appeals.
- Skipping section 13 for a corporate party instead of listing parents or checking the no-parent box.
Frequently asked questions
What is the notice of appeal form in West Virginia?
It is Appendix A of the Rules of Appellate Procedure, the form used to appeal a lower-tribunal decision to the Intermediate Court of Appeals or the Supreme Court of Appeals of West Virginia. It identifies the case and parties and carries your statements of the case and assignments of error.
What do I have to attach to the notice of appeal?
Section 18 lists, in order: extra sheets for sections 1-14, the section 16 statement, the section 17 assignments of error, the order appealed, any order on a timely post-trial motion, any order extending appeal time, and the docket fee or fee-waiver order.
Is there a fee to file the notice of appeal?
A statutory docket fee applies in many appeals, paid by check or money order to the State of West Virginia, or replaced by a copy of the order granting a fee waiver. It does not apply to criminal cases, Workers' Compensation Board of Review appeals or original jurisdiction actions. Ask the court for the amount.
Does the docket fee apply to family court appeals?
It depends on the court. The form says the fee does not apply to appeals from family court to the Intermediate Court of Appeals, but does apply to appeals from family court to the Supreme Court of Appeals, whether taken directly or after an appeal to the Intermediate Court.
When do I need the appellate transcript request form?
When you answer YES in section 15 that a transcript is necessary. Complete the form on page 4 separately for each court reporter and make financial arrangements with each. Late or unsatisfactory arrangements may lead to denial of extension motions or dismissal of the appeal.
How long can the statements in sections 16 and 17 be?
The section 16 statement of the nature of the case, relief sought and outcome below is limited to two double-spaced pages. The section 17 assignments of error are limited to eight double-spaced pages. Attach both to the notice.
Who signs the notice of appeal and what do the certifications say?
Counsel of record or the self-represented party signs two certifications: one that a reasonable review was made and the notice is accurate and complete, and one that copies were served on all parties and given to the circuit clerk and each court reporter requested.
Can I fill out the notice of appeal online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the notice with the court or serve any party; you handle filing and service through the court's own channels.
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