Notice of Appearance - West Virginia

NOTICE OF APPEARANCE

State of West Virginia — Circuit Court

1. COURT HEADER AND CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

West Virginia has 55 counties organized into 31 judicial circuits. Select or enter the applicable county and circuit:

[________________________________] Judicial Circuit

Judicial Circuit Reference:

2. PARTY INFORMATION

The undersigned enters this appearance on behalf of the following party:

Party Name: [________________________________]

Party Role:
☐ Plaintiff
☐ Defendant
☐ Third-Party Plaintiff
☐ Third-Party Defendant
☐ Cross-Claimant
☐ Counter-Claimant
☐ Intervenor
☐ Garnishee
☐ Petitioner
☐ Respondent
☐ Other: [________________________________]

Case Type:
☐ Civil Action — General
☐ Personal Injury / Tort
☐ Contract / Commercial
☐ Real Property
☐ Domestic Relations / Family
☐ Probate / Estate
☐ Mass Litigation Panel
☐ Other: [________________________________]

3. ATTORNEY INFORMATION

Additional Counsel (if applicable)

4. APPEARANCE STATEMENT

NOW COMES [________________________________], W.Va. State Bar ID No. [________________________________], of the firm [________________________________], and pursuant to Rules 5 and 11 of the West Virginia Rules of Civil Procedure, hereby enters an appearance on behalf of [________________________________], [________________________________] (party designation), in the above-styled civil action.

All subsequent pleadings, motions, discovery, notices, orders, and other papers required to be served under Rule 5 shall hereafter be served upon the undersigned at the address and email set forth above.

5. TYPE OF APPEARANCE

☐ General Appearance — The undersigned enters a general appearance for all purposes in this matter, submitting to the jurisdiction of this Court.

☐ Limited Scope Appearance — The undersigned enters a limited scope appearance as described in Section 7 below, consistent with W.Va. R. Prof. Conduct 1.2(c).

☐ Substitution of Counsel — The undersigned enters an appearance as substitute counsel, replacing [________________________________], W.Va. State Bar ID [________________________________]. A Substitution of Counsel is filed concurrently.

☐ Additional Counsel — The undersigned enters an appearance as co-counsel alongside [________________________________], W.Va. State Bar ID [________________________________].

☐ Pro Hac Vice Appearance — The undersigned enters an appearance pursuant to pro hac vice admission. See Section 8 below.

6. CONSENT TO ELECTRONIC FILING AND SERVICE

Electronic Filing (WV E-File)

Pursuant to West Virginia Trial Court Rule 15 and Rule 15A:

☐ The undersigned is registered with the West Virginia E-Filing system and will file all documents electronically in this matter.
☐ The undersigned will register with the WV E-Filing system within [____] days.
☐ The undersigned requests an exemption from electronic filing. Basis: [________________________________]

Mandatory E-Filing: Under Trial Court Rule 15A, electronic filing is mandatory for attorneys in circuit court and family court civil actions throughout West Virginia. Self-represented parties are encouraged but not required to file electronically. The e-filing system is designated by the Supreme Court of Appeals of West Virginia.

Electronic Service

☐ The undersigned consents to electronic service through the WV E-Filing system at the following email address: [________________________________]

☐ The undersigned does not consent to electronic service. Service shall be made by other methods authorized under Rule 5(b) of the W.Va. R. Civ. P.

Trial Court Rule 15A Note: Under Rule 15A, service of documents through the approved e-filing system constitutes valid service under Rule 5(b). Attorneys who file electronically are deemed to have consented to receive electronic service through the system. The e-filing system provides automatic notification of filings to all registered parties.

E-Filing System Information

System URL: https://efile.courtswv.gov

Important: The West Virginia Supreme Court of Appeals has designated a specific e-filing and service provider for circuit and family courts. All attorneys must register with this system and maintain a current email address for electronic service.

7. LIMITED SCOPE APPEARANCE

Complete this section only if a limited scope appearance is being entered.

Pursuant to W.Va. R. Prof. Conduct 1.2(c), the undersigned enters a limited scope appearance on behalf of [________________________________] for the following specific purposes only:

☐ Representation at the following hearing(s): [________________________________]
☐ Filing and arguing the following motion(s): [________________________________]
☐ Conducting or responding to specified discovery
☐ Attending mediation or alternative dispute resolution proceedings
☐ Trial representation for proceedings on [__/__/____]
☐ Negotiating settlement
☐ Drafting and filing specific pleading(s): [________________________________]
☐ Other specified purpose(s): [________________________________]

Scope and Duration

The limited scope representation shall:

Begin on: [__/__/____]

Terminate upon the earliest of:
☐ Completion of the specified purpose(s) described above
☐ The date of: [__/__/____]
☐ Entry of the Court's order on the specified motion(s)
☐ Conclusion of the specified hearing(s) or trial
☐ Other: [________________________________]

Client Acknowledgment

The Client has been informed in writing that:

1. The undersigned's representation is limited to the purposes stated above;
2. The Client remains responsible for all other aspects of the case;
3. Upon termination of the limited scope representation, the Client will be treated as self-represented unless other counsel enters an appearance;
4. The undersigned will seek leave of court to withdraw upon completion of the limited purpose.

Withdrawal from Limited Appearance

Important: West Virginia does not have a separate "limited appearance" rule with automatic termination. Withdrawal from any appearance — including a limited scope appearance — requires compliance with Trial Court Rule 4.03, which mandates court approval for withdrawal. The attorney must file a motion to withdraw and demonstrate that withdrawal will not prejudice the client or delay proceedings.

8. PRO HAC VICE ADMISSION

Complete this section only if counsel is not a member of the West Virginia State Bar.

☐ The undersigned has been admitted pro hac vice by Order dated [__/__/____].
☐ A Motion for Pro Hac Vice Admission is being filed concurrently with this Notice.

Pro Hac Vice Attorney Information

West Virginia Sponsoring Attorney

Under Trial Court Rule 4, a pro hac vice attorney must associate with a member of the West Virginia State Bar who is admitted to practice before the Supreme Court of Appeals of West Virginia.

Pro Hac Vice Requirements: The applicant must: (1) be a member in good standing of the bar of the highest court of another U.S. state, the District of Columbia, or the U.S. Supreme Court; (2) not be a West Virginia resident; (3) associate with a West Virginia-admitted attorney; (4) pay the required fee; (5) include the W.Va. State Bar ID of the sponsoring attorney or a notation of pro hac vice admission on all filings.

9. SIGNATURE BLOCK

DATED: [__/__/____]

[________________________________]
(Firm / Organization Name)

By: ______________________________________

[________________________________]
W.Va. State Bar ID No. [________________________________]
Counsel for [________________________________]

[________________________________]
[________________________________]
[________________________________], West Virginia [__________]
Telephone: [________________________________]
Email: [________________________________]

10. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true copy of the foregoing NOTICE OF APPEARANCE was served upon each of the following counsel of record and/or unrepresented parties by the method indicated below, in compliance with Rule 5(b) of the West Virginia Rules of Civil Procedure:

Service Recipients

Recipient 1:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ WV E-Filing System ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

Recipient 2:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ WV E-Filing System ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

Recipient 3:
| | |
|---|---|
| Name | [________________________________] |
| Address / Email | [________________________________] |
| Method | ☐ WV E-Filing System ☐ Email ☐ U.S. First-Class Mail, postage prepaid ☐ Hand Delivery ☐ Facsimile: [________________________________] |

(Attach additional pages if needed.)

______________________________________
[________________________________]

11. E-FILING INSTRUCTIONS FOR WEST VIRGINIA COURTS

WV E-Filing System Procedure

1. Access the System: Navigate to the West Virginia E-Filing portal at https://efile.courtswv.gov.
2. Register / Log In: Create an attorney account or log in with existing credentials linked to your W.Va. State Bar ID.
3. Select the Court: Choose the appropriate circuit court by county.
4. Search for the Case: Enter the civil action number or search by party name.
5. Select Filing Type: Choose "Notice of Appearance" or the appropriate document type from the filing menu.
6. Upload Document: Upload the completed Notice of Appearance as a PDF.
7. Service: The e-filing system will electronically serve all registered attorneys and parties upon acceptance.
8. Payment: Pay any applicable filing fee electronically.
9. Confirmation: Retain the e-filing confirmation receipt as proof of filing and service.

Important E-Filing Notes for West Virginia

• Mandatory for Attorneys: Electronic filing is mandatory for attorneys in circuit court and family court civil actions under Trial Court Rule 15A.
• Revised Rules (2025): The West Virginia Rules of Civil Procedure were substantially revised effective January 1, 2025. Ensure compliance with the current version of the rules, including revised deadlines and procedures.
• Document Format: Documents must be filed as PDF files. Follow the e-filing system guidelines for document naming, size limits, and formatting requirements.
• Confidential Information: Under Trial Court Rule 15A, filers must redact Social Security numbers, dates of birth (except year), financial account numbers, and names of minor children from publicly accessible filings.
• Mass Litigation: Cases assigned to the Mass Litigation Panel have separate e-filing procedures. See Trial Court Rule 26 for mass litigation requirements.
• Filing Time: The e-filing system is available 24/7. Documents filed after business hours are deemed filed on the next business day unless the court orders otherwise.

12. PRACTITIONER NOTES AND WEST VIRGINIA-SPECIFIC GUIDANCE

West Virginia Court Structure

West Virginia has 55 counties organized into 31 judicial circuits, each served by one or more circuit court judges. The circuit court is the court of general jurisdiction, handling civil actions, criminal proceedings, family law matters, and appeals from magistrate courts. West Virginia also has family courts within each circuit that handle domestic relations matters.

Key West Virginia Practice Points

1. 2025 Rules Revisions: The West Virginia Rules of Civil Procedure underwent significant revision effective January 1, 2025. Key changes include revised deadlines for responsive pleadings, updated discovery procedures, and modifications to motion practice. Verify all deadlines against the current rules.

2. Trial Court Rule 4.03 — Withdrawal: An attorney seeking to withdraw must file a motion and serve it on the client and all parties. The court must approve the withdrawal. Factors considered include: proximity to trial, prejudice to the client, the client's ability to obtain new counsel, and the reason for withdrawal.

3. Scheduling Orders: Under the revised rules, the circuit court may issue a scheduling order after appearances are entered. The scheduling order sets deadlines for discovery, motions, and trial. Monitor the docket for scheduling orders or scheduling conferences.

4. Mediation: Many West Virginia circuits require mediation or alternative dispute resolution before trial. Check the applicable circuit's local rules and the assigned judge's standing orders for mediation requirements.

5. Mass Litigation Panel: West Virginia has a specialized Mass Litigation Panel that handles cases involving common questions of law and fact affecting numerous parties. Cases may be transferred to the Mass Litigation Panel by the Supreme Court of Appeals. Separate rules apply under Trial Court Rule 26.

6. Service Requirements: Under the revised Rule 5, after an appearance is entered, service of papers must be made on the attorney (not the party). Service methods include: delivery, mailing, electronic service through the e-filing system, and other methods authorized by rule or order.

7. Certificate of Service: Under the revised rules, every paper required to be served must include a certificate of service stating the date and method of service and identifying each person served.

8. Magistrate Court Appeals: If the case involves an appeal from magistrate court, the notice of appearance should reference the magistrate court case number and the circuit court appeal number.

9. Family Court Matters: Family law cases are heard in family court, which is a separate court from the circuit court but shares the same judicial circuit structure. If the appearance is in family court, use the family court caption and comply with the West Virginia Rules of Practice and Procedure for Family Court.

10. Confidentiality and Redaction: Under Trial Court Rule 15A, attorneys must redact sensitive personal information from filings. Failure to redact may result in sanctions.

Common Mistakes to Avoid

• Not registering for the WV E-Filing system before attempting to file
• Using outdated rule citations (verify against the 2025 revised rules)
• Omitting the W.Va. State Bar ID number from the filing
• Filing in the wrong county or circuit
• Not checking the assigned judge's standing orders and circuit-specific local rules
• Failing to serve all parties of record
• Not accounting for the family court / circuit court distinction in domestic relations matters

SOURCES AND REFERENCES

• West Virginia Rules of Civil Procedure (2025 Revision): https://www.courtswv.gov/legal-community/court-rules
• West Virginia Trial Court Rules: https://www.courtswv.gov/legal-community/court-rules/wv-trial-court-rules-contents
• WV E-Filing System: https://efile.courtswv.gov
• West Virginia State Bar: https://www.wvbar.org
• West Virginia Judiciary: https://www.courtswv.gov
• Circuit/Family Courts E-Filing Information: https://www.courtswv.gov/legal-community/e-filing/circuit-family-courts/about

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All legal documents should be reviewed by a licensed attorney in the applicable jurisdiction before filing.