West Virginia Code § 51-2A-12

Stay of proceedings pending appeal
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(a) Any person desiring to file a petition for appeal from a final order of the family court may
file a motion for a stay of proceedings to the family court in which the order was entered.
The motion for a stay shall be filed with the clerk of the circuit court and served on the
respondent in accordance with rule 5 of the rules of civil procedure. The family court may,
sua sponte, order a stay of all or part of a final order pending appeal. Subjecet to the
provisions of subsection (c) of this section, the family court may order a stay for the period of
time allowed for the filing of a petition for appeal to the circuit court orr for any additional
period of time pending disposition of the appeal. If the circuit court refuses to consider the
petition for appeal, the stay is vacated.
(b) If the family court judge denies a motion for a stay of thet proceedings pending appeal, or
if the relief afforded is not acceptable, the person desiring to file the petition for appeal may
file a motion for a stay of the proceedings to the circuit court. The motion for stay shall be
filed with the clerk of the circuit court and served upon the other party in accordance with
rule 5 of the rules of civil procedure. Subject to the provisions of subsection (c) of this
section, the circuit court may order a stay for sthe period of time allowed for the filing of a
petition for appeal to the circuit court or for any additional period of time pending
disposition of the appeal. If the circuit court refuses to consider the petition for appeal, the
stay is vacated. g
(c) An order granting a motione for a stay under the provisions of this section may not include
a stay of an award for the payment of spousal support or child support pending the appeal,
except that an award ofL past-due child support may be stayed pending an appeal.

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