W.Va. R. App. P. 25

As amended through January 31, 2024
Rule 25 - Petition for rehearing
(a)Time for filing. A petition for rehearing may be filed within thirty days of release of any memorandum decision or opinion of the Intermediate Court or the Supreme Court that passes upon the merits of an action unless the time for filing is shortened or enlarged by order. The In those instances when the time period for issuance of the mandate is shortened and the Clerk is directed to issue the mandate in accordance with that time frame, the Intermediate Court or the Supreme Court shall set forth by order the deadline for filing, if any.
(b)Content and form of petition. A petition for rehearing is granted only in exceptional cases. The petition shall comply with the page limitation set forth in Rule 38 and shall state with particularly the points of law or fact which in the opinion of the party seeking rehearing the Intermediate Court or the Supreme Court has overlooked or misapprehende. Repetition of argument previously presented in the case is not a proper basis for a petition for rehearing.
(c)Response. A response to a petition for rehearing is not required. If desired, an opposing party may file a response within fourteen days of the filing of the petition for rehearing.
(d)Consideration of the petition. When the time for filing a response has passed, the petition for rehearing will be deemed mature for consideration. Upon its consideration, the Intermediate Court or the Supreme Court may, refuse the petition for rehearing or grant the petition for rehearing and direct by order such further proceedings as are required, including issuing a modified opinion or memorandum decision, or taking such other action that is necessary to accomplish substantial justice in the case.

W.va. R. App. P. 25

Amended June 15, 2022, effective 7/1/2022.