58-4-1 When appeal, writ of error or supersedeas to be awarded by circuit court or judge
58-4-2 Certification to appellate courts as to sufficiency of summons, return of service, pleading, motion for summary judgment, etc
58-4-3 Petition for writ of error, appeal or supersedeas
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
58-4-5 Stay of proceedings; bond
58-4-6 Filing of petition; transmission of petition and record; payment of expenses and fees; compensation of clerk; return of record
58-4-7 Order showing action of circuit court on petition; second petition; application to Supreme Court of Appeals or judge thereof
58-4-8 Certiorari for omitted portion of record
58-4-9 Allowance of appeal or writ of error or supersedeas; stay of proceedings
58-4-10 Docketing case
58-4-11 Issuance of summons and supersedeas; order of publication; service and return of certified copy of order
58-4-12 Indorsements on writs as to bond
58-4-13 Appeal bond
58-4-14 Time for presenting and giving bond
58-4-15 Time and manner of hearing
58-4-16 Petition to be heard and case decided upon original record
58-4-17 Judgment of circuit court; appeal or writ of error to Supreme Court of Appeals
58-4-18 Procedure after circuit court’s decision of the appeal or writ of error
58-4-18a Writ of error to judgment quashing indictment
58-4-19 When law and rules governing appeals to Supreme Court of Appeals to apply
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Terms Used In West Virginia Code > Chapter 58 > Article 4 - Appeals From Courts of Record of Limited Jurisdiction

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Convict: means a person confined in a penitentiary or correctional facility of this or any other state, or of the United States. See West Virginia Code 2-2-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.