WEST VIRGINIA CODE
WVC 58-4-18
§58-4-18. Procedure after circuit court's decision of the appeal
or writ of error.
When, after reversal, the case is retained in the circuit
court for a new trial or hearing on further proceedings, it shall
be docketed and proceeded in to final judgment or decree in the
same manner and with the same effect as if it had originally been
instituted in the circuit court; the papers shall be retained in
the office of the clerk of the circuit court; execution or other
final process may issue therefrom; and the clerk of the circuit
court shall certify to the clerk of the court of limited
jurisdiction the fact that the case is so retained, which
certification shall be entered of record in the court of limited
jurisdiction. When the judgment, decree or order is affirmed in
the circuit court, or when it is reversed, in whole or in part, and
the circuit court, without a new trial or hearing on further
proceedings, enters such judgment, order or decree as the court of
limited jurisdiction should have entered, the clerk of the circuit
court shall, as soon as practicable, certify the decision of the
circuit court and transmit all the papers of the cause to the clerk
of the court of limited jurisdiction, and the court of limited
jurisdiction shall enter the decision of the circuit court as its
own, and execution or other final process may issue accordingly.
If such decision be received by the clerk of the court of limited
jurisdiction in vacation, he shall enter it of record in his order
book, and thereupon such execution or other final process may issue
and such proceedings be had in the case as would have been proper
if the decision had been entered in court. When the case is reversed by the circuit court and remanded to the court of limited
jurisdiction for further proceedings, the clerk of the circuit
court shall, as soon as practicable, certify the decision of the
circuit court and transmit all the papers of the cause to the clerk
of the court of limited jurisdiction, and the decision of the
circuit court shall be entered of record in the court of limited
jurisdiction.
Note: WV Code updated with legislation passed through the 2012 1st Special Session