Revised Rules of Appellate Procedure - Comment Requested

REVISED RULES OF APPELLATE PROCEDURE PROPOSED REVISIONS FOR PUBLIC COMMENT (COMMENTS ARE DUE BY JULY 19, 2010.) [The Clerk's Comments are provided only to assist the reader in evaluating the rules and do not constitute a substantive component of the rules.] Prepared by: Rory L. Perry II, Clerk of Court Released: May 17, 2010 REVISED RULES OF APPELLATE PROCEDURE (PROPOSED REVISIONS FOR PUBLIC COMMENT) AUTHORITY TO PROMULGATE RULES The judicial branch of government, which is administered by the Supreme Court of Appeals, is an independent branch separate and distinct from the legislative and executive branches. The West Virginia Constitution grants to the Court broad authority to administer the judicial branch, and specifically states: "The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law." W. Va. Const. Art. VIII § 4. The Legislature has recognized this constitutional authority by enacting statutes that defer to the Court's rules in several areas, including the filing and processing of appeals, original jurisdiction petitions, and certified questions. W. Va. Code §§ 58-5-3 and 58-5-6. Pursuant to this authority, the Court has promulgated twenty-three sets of court rules on various topics that are ...