Deadlines After a Conviction
W. Va. R. App. P. 5 — thirty days to file a notice of appeal, and four months to perfect it
30 days. Within thirty days of entry of the order or judgment being appealed, the party appealing files the notice of appeal in the Office of the Clerk, with the attachments the notice of appeal form in Appendix A of the rules requires. It is served on all parties, on the clerk of the circuit court the appeal is taken from, and on each court reporter from whom a transcript is requested.
Who handles this in West Virginia: West Virginia State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the West Virginia directory.
Four months. Unless otherwise provided by law, an appeal must be perfected within four months of the date the judgment being appealed was entered, by filing with the Clerk the petitioner's brief and the appendix record. A petitioner who fails to perfect an appeal has the case dismissed from the docket.
Leave to perfect. On a motion filed on or before the deadline for perfecting an appeal, the Intermediate Court or the Supreme Court may grant leave to perfect an appeal where a notice of appeal has not been filed and a scheduling order has not been entered. Such relief is granted only in extraordinary circumstances.
Rule 5 was amended by an order of August 21, 2026, cited beside it. Habeas corpus after a conviction, assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. R. App. P. 5 — Appeals from circuit courts, administrative agencies, the Health Care Authority, and the Intermediate Court of Appeals
- W. Va. Sup. Ct. App. Order No. 25-57 — Approval of amendments to Rule 5 of the Rules of Appellate Procedure
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.