WEST VIRGINIA CODE
WVC 58-4-4
§58-4-4. Time for appeal or writ of error; notice of intent to
file petition in criminal cases to be filed with
clerk stating grounds.
No petition shall be presented to the circuit court or judge
for an appeal from, or writ of error or supersedeas to, any
judgment, decree or order rendered or made by such court of limited
jurisdiction, whether the state be a party thereto or not, which
shall have been rendered or made more than four months before such
petition is presented:
Provided, That the judge of such court of
limited jurisdiction may, prior to the expiration of such period of
four months, by order entered of record extend and reextend such
period for such additional period or periods, not to exceed a total
extension of four months, as in his opinion may be necessary for
preparation of the transcript, if the request for such transcript
was made by the party seeking such judicial review within sixty
days after such judgment, decree or order was rendered or made.
Such judge may also extend and reextend such period for such
additional period or periods of time not to exceed a total
extension of four months, upon petition made prior to the
expiration of the initial four month period for good cause shown
and if the request for such transcript was made by the party
seeking such judicial review within sixty days after such judgment,
decree or order was rendered or made.
In criminal cases no petition for appeal or writ of error
shall be presented unless a notice of intent to file such petition
shall have been filed with the clerk of the court in which the
judgment was entered within sixty days after such judgment was entered. The notice shall fairly state the grounds for the
petition without restricting the right to assign additional grounds
in the petition.
Note: WV Code updated with legislation passed through the 2012 1st Special Session