Legal Services

Appellate Litigation

Varner & Van Volkenburg, PLLC

WV Appellate Litigation Lawyers

West Virginia (WV) legal disputes may eventually lead to a trial, but sometimes the judgment or verdict can be disappointing. If you received an unfavorable result, you need to consult with experienced WV appellate litigation lawyers to understand your legal rights as soon as possible.

After receiving an adverse outcome in the court of original jurisdiction, you have several options, but you must choose one without delay. One alternative is the West Virginia appeal process, but since every case is different, you must weigh many factors before deciding your next step. Time is of the essence in deciding how to proceed because the law grants a short window of opportunity to file or you lose your right to appeal forever.

Our WV Appellate Litigation Lawyers Can Explain the Appeal Process

If you lose your case at the WV circuit court level, you may be entitled to file an appeal to the Supreme Court of Appeals. After July 1, 2022, some cases will need to be appealed to the new West Virginia Intermediate Court of Appeals. Since WV appeals and where to file them can be complicated, these cases are usually prepared and argued by WV appellate litigation lawyers who have the experience and skills necessary for this distinctive practice area. Jeff Van Volkenburg of our firm is one of the only attorneys in West Virginia with experience with intermediate appellate courts, having clerked for both of the Pennsylvania intermediate appellate courts while in law school. Our firm also has significant experience in appeals in the federal court system, as Deb Varner has litigated matters before the 3rd, 4th and 9th Circuit Courts of Appeals.

Pursuing an appeal requires sending specific notices, filing detailed briefs and other written materials within specific time frames, and possibly presenting oral arguments to the appellate judges or justices who will decide the case. After reviewing the briefs and hearing arguments from both sides, the appellate court issues a written decision.

The process for WV appeals requires a different set of skills and attorneys well-versed in its unique demands and requirements. At Varner & Van Volkenburg, PLLC, our successes in appellate litigation and broad experience in multiple substantive practice areas offer the experience needed to guide you through the process.

Don’t Miss Your Opportunity to Bring Your Appeal

After a trial court enters a final judgment, the party wishing to appeal has only 30 days to file a notice of appeal and certain required attachments to preserve your right to an appeal. The West Virginia Rules of Appellate Procedure are specific and complex. If you miss a deadline or fail to send the proper notice, you will lose your right to seek review of the adverse judgment entered against you.

How WV Appeals Differ From Trials

First, it’s important to understand that an appeal is not a re-trial. There are no witnesses or jury, no new testimony, and no new evidence in an appeal. Instead, the appellate court generally considers only allowed legal errors that occurred during the trial.

Second, the majority of the West Virginia appeal process consists of written documents including the appellant’s brief, the appellee’s reply brief, any appellate motions, the record of the trial proceedings on appeal, court transcripts, and other relevant supporting information. The appellate judges or justices may require oral arguments, or they may waive decide the case based solely upon the appellate record without holding oral argument.

Why You Need Experienced Varner & Van Volkenburg WV Appellate Litigation Attorneys at Your Side

Appellate advocacy demands a unique blend of experience and knowledge. Even seasoned trial lawyers may not fully appreciate the scope of appellate issues that can win or lose an appeal. The appellate attorneys at Varner & VanVolkenburg, PLLC have the skills and experience to take a cold trial record from your prior lawyer and advocate on your behalf through the entire appellate process.

Attorney Debra Varner leads our appellate practice group, which has handled a broad array of appeals including professional liability, oil and gas litigation, insurance defense, insurance coverage matters, trial practice errors, and complex real estate disputes. We have successfully argued appellate matters in the West Virginia Supreme Court of Appeals as well as in federal appellate courts.

The WV appellate process is complicated, and strict compliance with its requirements is necessary to preserve your legal rights and file an appeal. Trust the experienced WV appellate litigation lawyers at Varner & VanVolkenburg, PLLC to handle your appeal with professionalism and precision. Call us at (304) 918-2840 or contact Clarksburg appellate litigation attorney Debra Varner directly at dtvarner@vv-wvlaw.com to discuss your appellate options. The clock is ticking, so don’t waste another day. Protect your rights today.

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360 Washington Avenue
Clarksburg, West Virginia 26301

Contact Us

360 Washington Avenue
Clarksburg, West Virginia 26301