Intermediate Court of Appeals of West Virginia
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The Intermediate Court of Appeals of West Virginia is the intermediate appellate court in West Virginia, created pursuant to the West Virginia Appellate Reorganization Act of 2021.[1]
It has jurisdiction over the following appeals, subject to further appeal to the Supreme Court of Appeals:
- Final judgments or orders of a circuit court in civil cases, entered after June 30, 2022.
- Final judgments or orders of a family court, entered after June 30, 2022, except for final judgments or final orders issued by a family court in any domestic violence petition which appeals shall first be made to a circuit court.
- Final judgments or orders of a circuit court concerning guardianship or conservatorship matters, entered after June 30, 2022.
- Final judgments, orders, or decisions of an agency or an administrative law judge entered after June 30, 2022. (Previously such orders were appealed to the Circuit Court of Kanawha County).
- Final orders or decisions of the Health Care Authority issued prior to June 30, 2022, in a certificate of need review.
- Final orders or decisions issued by the Insurance Commissioner's Office of Judges after June 30, 2022, and prior to its termination, on September 30, 2022.
- Final orders or decisions of the Workers’ Compensation Board of Review entered after June 30, 2022.
The court has no original jurisdiction and no criminal jurisdiction.[1]
In matters involving a question of fundamental public importance, or cases in which time is of the essence, either party may petition that the court be bypassed and the case heard by the Supreme Court of Appeals.[2]
Opinions
The court is required to issue a written opinion on every case properly before it. These opinions are binding precedent, unless overruled on further appeal to the Supreme Court of Appeals or the United States Supreme Court.[3]