by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Clerical mistakes. – Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice,...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Grounds. – A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law; and (2)...
by admin | May 14, 2021 | Civil Procedure, West Virginia
Subject to the provisions of Rule 54(b), the court shall promptly settle or approve the form of the judgment and sign it as authority for entry by the clerk. The clerk, forthwith upon receipt of the signed judgment, shall enter it in the civil docket as provided by...
by admin | May 14, 2021 | Civil Procedure, West Virginia
The procedure for obtaining a declaratory judgment pursuant to the West Virginia Uniform Declaratory Judgments Act, Code chapter 55, article 13 [ยง 55-13-1 et seq.], shall be in accordance with these rules, and the right to trial by jury may be demanded under the...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)For claimant. – A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Entry. – When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default....
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