West Virginia: Supreme Court citation practice | Citation rule(s)


Examples from Sedgmer v. McElroy Coal Co., 220 W.Va. 66, 640 S.E.2d 129 (2006)

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We proceed, having held that "[a] circuit court's entry of summary judgment is reviewed de novo." Syl. Pt. 1, Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994). Furthermore, we observe that "[a] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law." Syl. Pt. 3, Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, 148 W. Va. 160, 133 S.E.2d 770 (1963); Syl. Pt. 1, Williams v. Precision Coil, Inc., 194 W. Va. 52, 459 S.E.2d 329 (1995). With these standards in mind, we turn to the case before us.

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West Virginia law expressly provides an exemption from employee civil liability claims for work-related injuries to employers who are in good standing with the Workers' Compensation laws of the state W. Va. Code § 23-2-6 (1991).

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While Consolidation Coal was initially cited for a violation of 36 C.S.R. 33-4.1, the West Virginia Office of Miners' Health, Safety & Training later reviewed the evidence. The Notice of Violation was subsequently vacated, with the Coal Mine Safety Board of Appeals noting that, "[t]he evidence indicates that the cited regulation was not violated as alleged in the Notice of Violation."

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W. Va. R. App. P. 10, http://www.courtswv.gov/legal-community/court-rules/appellate-procedure/contents.html.

Rule 10. Briefs

(c) Petitioner's brief. The petition for appeal and note of argument shall be consolidated into a single document called the petitioner's brief. To the fullest extent possible, the petitioner's brief shall contain the following sections in the order indicated, immediately following the cover page required by Rule 38(b).

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(2) Table of Authorities: If the brief exceeds five pages it must include a table of authorities with an alphabetical list of cases, statutes, and other authorities cited, and references to the pages of the brief where they are cited. The table of authorities does not count toward the page limit for briefs.

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(7) Argument: The brief must contain an argument exhibiting clearly the points of fact and law presented, the standard of review applicable, and citing the authorities relied on, under headings that correspond with the assignments of error. The argument must contain appropriate and specific citations to the record on appeal, including citations that pinpoint when and how the issues in the assignments of error were presented to the lower tribunal. . . .

W. Va. Tr. Ct. R. 6.02, http://www.courtswv.gov/legal-community/court-rules/trial-court/chapter-1.html.

Rule 6.02. Citation Form

Citations in motions and memoranda must be in a generally accepted citation form.

Note:

Case holdings are generally cited to syllabus points in the format illustrated above.