West Virginia Supreme Court of Appeals issued the following announcement on Aug. 28.
The Supreme Court of Appeals of West Virginia will hold in-person oral arguments when the Fall Term begins Sept. 1, with certain changes in protocol. Each case has been scheduled at a specific time, with the first case set at 10 a.m. Rule 20 Arguments will be heard first, with 40 minutes scheduled for each case. Rule 19 Arguments will follow, with 20 minutes scheduled for each case. Attorneys are advised not to arrive at the Supreme Court Courtroom until ten minutes before the time their cases are set. Previously, arguments began at 10 a.m. and all attorneys were told to report to the Supreme Court Courtroom on the third floor of the East Wing of the Capitol at 10 a.m. Attorneys waited for their cases either in the courtroom, or in the attorney conference room across the hall from the courtroom.
As usual, all arguments will be webcast live and recorded for posting on the Court’s YouTube Channel at a later date. “The health of attorneys, their clients, the public and our staff is our top priority,” said Chief Justice Tim Armstead. “Although we successfully held virtual arguments last spring, we believe the new protocols, including social distancing and other precautions, will allow us to safely return to in-person hearings.”
Rule 20 Arguments are generally reserved for cases involving issues of first impression or fundamental public importance; constitutional questions regarding the validity of a statute, municipal ordinance, or court ruling; and cases that involve inconsistencies or conflicts among the decisions of lower tribunals. Rule 19 Oral Arguments generally involve the application of settled law, claims of unsustainable exercise of discretion where the law governing that discretion is settled, claims of insufficient evidence or a result against the weight of the evidence, narrow issues of law, or cases in which a hearing is required by law.
Original source can be found here.
