Rule 28.Appeal to intermediate court of appeals
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 28
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
Appeals from family court to the intermediate court of appeals are filed in accordance with Rule 13 of the Rules of Appellate Procedure. The mechanics live in that ruleset rather than here.
What this rule adds is the interaction with reconsideration. Where a motion for reconsideration has been properly filed within the period for filing an appeal, the time to appeal is extended until thirty days after the family court enters its final order on that motion.
Read with Rule 25, which suspends the reconsideration clock while an appeal is pending, the two provisions between them stop either route from quietly extinguishing the other.
Frequently Asked Questions
How is an appeal to the intermediate court of appeals filed?
In accordance with Rule 13 of the West Virginia Rules of Appellate Procedure.
Does a motion for reconsideration extend the appeal deadline?
Yes. Where one has been properly filed within the time to appeal, the time for filing an appeal is extended until thirty days after entry of the family court's final order on the motion.
How long is the ordinary appeal period?
Rule 22(c) requires the final order to state that an appeal to the intermediate court of appeals may be filed within thirty days after entry.
Can the intermediate court be bypassed?
Yes, where both parties file a notice of intent and waiver within fourteen days under Rule 26.
What happens to the reconsideration motion if an appeal is filed first?
Under Rule 25, the time for filing the motion is suspended during the pendency of the appeal.