House 5516

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 5516

By Delegate Burkhammer

[Introduced February 13, 2026; referred to the Committee on the Judiciary]

A BILL to amend and reenact §58-5-1 of the Code of West Virginia, 1931, as amended, relating to requiring abuse and neglect case appeals to be processed within six months.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS AND THE SUPREME COURT OF APPEALS.

§58-5-1. When appeal lies.

(a) A party to a civil action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court or from an order of any circuit court constituting a final judgment as to one or more but fewer than all claims or parties upon an express determination by the circuit court that there is no just reason for delay and upon an express direction for the entry of judgment as to such claims or parties: Provided, That an appeal of a final order or judgment of a circuit court entered after June 30, 2022, shall be to the Intermediate Court of Appeals, as required by §51-11-1 et seq. of this code.

(b) As provided in §51-11-10 of this code, a party in interest may petition the Supreme Court of Appeals for appeal of a final order or judgment of the Intermediate Court of Appeals in accordance with rules promulgated by the Supreme Court of Appeals.

(c) The defendant in a criminal action may appeal to the Supreme Court of Appeals from a final judgment of any circuit court in which there has been a conviction, or which affirms a conviction obtained in an inferior court.

(d) All abuse and neglect case appeals shall be processed by the Supreme Court of Appeals within six months.

NOTE: The purpose of this bill is to require abuse and neglect case appeals to be processed within six months.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.