Constitution · West Virginia

W. Va. Const. art. VIII, § 4

Constitution
Constitution of West Virginia
Text as of
October 2026

What does this section say?

Writ of error, supersedeas and appeal; scope and form of decisions. A writ of error, supersedeas or appeal shall be allowed by the supreme court of appeals, or a justice thereof, only upon a petition assigning error in the judgment or proceedings of a court and then only after the court, or a justice thereof, shall have examined and considered the record and is satisfied that there probably is error in the record, or that it presents a point proper for the consideration of the court. No decision rendered by the court shall be considered as binding authority upon any court, except in the particular case decided, unless a majority of the justices of the court concur in such decision. When a judgment or order of another court is reversed, modified or affirmed by the court, every point fairly arising upon the record shall be considered and decided; the reasons therefor shall be concisely stated in writing and preserved with the record; and it shall be the duty of the court to prepare a syllabus of the points adjudicated in each case in which an opinion is written and in which a majority of the justices thereof concurred, which shall be prefixed to the published report of the case.

The text is copied from the official source: home.wvlegislature.gov. This is the stored text for research. It is not legal advice; check the official source before you rely on it.

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