Rule 26.Waiver of appeal to intermediate court of appeals

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 26 lets the parties bypass the intermediate court of appeals by both filing, within fourteen days, a notice of intent to appeal directly to the supreme court of appeals and a waiver.

Full Text of Rule 26

Text sizeJump to: (a) (b)

(a) Filing Notice and Waiver. — If, within fourteen days after entry of a family court final order, both of the parties file, either jointly or separately, a notice of intent to appeal directly to the supreme court of appeals and waiver of the right to appeal to the intermediate court of appeals, either party aggrieved by a final order of a family court judge may file a petition for appeal to the supreme court of appeals. The notice of appeal and waiver shall be in the same or substantially similar form as that contained in Appendix A.

(b) Effect of Notice and Waiver. — If only one party files a notice and waiver, any petition for appeal filed shall be treated as a petition for appeal to the intermediate court of appeals.

End

Amendment History

The West Virginia Judiciary’s compiled text of this ruleset carries no amendment order for this rule. For the adopting orders and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

West Virginia's creation of an Intermediate Court of Appeals gave family court litigants two possible routes upward, and this rule is how they choose the shorter one.

If, within fourteen days after entry of a family court final order, both parties file — jointly or separately — a notice of intent to appeal directly to the supreme court of appeals together with a waiver of the right to appeal to the intermediate court, then either aggrieved party may petition the supreme court of appeals. The notice and waiver must be in the form set out in Appendix A, or substantially similar.

The consent has to be mutual. If only one party files a notice and waiver, any petition for appeal that is filed is treated as a petition to the intermediate court of appeals — the default route reasserts itself rather than the appeal failing.

Frequently Asked Questions

How do parties appeal directly to the supreme court of appeals?

Both parties must file, jointly or separately within fourteen days after entry of the family court final order, a notice of intent to appeal directly to the supreme court of appeals and a waiver of the right to appeal to the intermediate court of appeals.

What if only one party files the waiver?

Any petition for appeal filed is treated as a petition for appeal to the intermediate court of appeals.

Is there a required form?

Yes — the notice of appeal and waiver must be in the same or substantially similar form as that contained in Appendix A.

How long is the window?

Fourteen days after entry of the family court final order.

Does the final order have to mention this route?

Yes. Rule 22(c) requires a family court final order to explain the direct-appeal option and its fourteen-day joint notice and waiver requirement.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 26). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: direct appeal to supreme court of appeals west virginia family courtwaiver of intermediate court of appeals wv family courtnotice of intent to appeal fourteen days west virginiaappendix a notice and waiver wv family court