West Virginia Code
Article 4. Appeals From Courts of Record of Limited Jurisdiction
§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.

Structure West Virginia Code

West Virginia Code

Chapter 58. Appeal and Error

Article 4. Appeals From Courts of Record of Limited Jurisdiction

§58-4-1. When Appeal, Writ of Error or Supersedeas to Be Awarded by Circuit Court or Judge

§58-4-2. Certification to Appellate Courts as to Sufficiency of Summons, Return of Service, Pleading, Motion for Summary Judgment, etc.

§58-4-3. Petition for Writ of Error, Appeal or Supersedeas

§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

§58-4-5. Stay of Proceedings; Bond

§58-4-6. Filing of Petition; Transmission of Petition and Record; Payment of Expenses and Fees; Compensation of Clerk; Return of Record

§58-4-7. Order Showing Action of Circuit Court on Petition; Second Petition; Application to Supreme Court of Appeals or Judge Thereof

§58-4-8. Certiorari for Omitted Portion of Record

§58-4-9. Allowance of Appeal or Writ of Error or Supersedeas; Stay of Proceedings

§58-4-10. Docketing Case

§58-4-11. Issuance of Summons and Supersedeas; Order of Publication; Service and Return of Certified Copy of Order

§58-4-12. Indorsements on Writs as to Bond

§58-4-13. Appeal Bond

§58-4-14. Time for Presenting and Giving Bond

§58-4-15. Time and Manner of Hearing

§58-4-16. Petition to Be Heard and Case Decided Upon Original Record

§58-4-17. Judgment of Circuit Court; Appeal or Writ of Error to Supreme Court of Appeals

§58-4-18. Procedure After Circuit Court's Decision of the Appeal or Writ of Error

§58-4-18a. Writ of Error to Judgment Quashing Indictment

§58-4-19. When Law and Rules Governing Appeals to Supreme Court of Appeals to Apply