West Virginia Case Law

The West Virginia state court system is divided into three levels. The highest court in West Virginia is the West Virginia Supreme Court of Appeals, which consists of five judges. The Supreme Court of Appeals reviews appeals of decisions by the West Virginia Intermediate Court of Appeals and appeals from the West Virginia Circuit Courts in criminal cases, juvenile proceedings, and child abuse and neglect proceedings. Decisions by the West Virginia Supreme Court of Appeals are final unless the U.S. Supreme Court agrees to review an appeal of a decision.

The West Virginia Intermediate Court of Appeals, which consists of three judges, was created in 2021 and began operating in 2022. The Intermediate Court of Appeals reviews appeals from the West Virginia Circuit Courts in civil cases and guardianship or conservatorship proceedings. It also reviews most appeals from West Virginia Family Courts.

The lowest level of the West Virginia state court system consists of the West Virginia Circuit Courts, the West Virginia Family Courts, the West Virginia Magistrate Courts, and the West Virginia Municipal Courts. The Circuit Courts are trial courts with general jurisdiction over civil and criminal cases. The Family Courts review cases related to domestic relations, such as divorce, child custody, and domestic violence. The Magistrate Courts review cases that involve misdemeanors and civil matters with less than $10,000 at issue. They also issue warrants and protective orders, and they handle preliminary examinations in felony cases. The Municipal Courts review cases involving violations of municipal ordinances.

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