by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Definition; form. – “Judgment” as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not contain a recital of pleadings, the report of a commissioner, or the record of prior proceedings. (b)Judgment...
by admin | May 14, 2021 | Civil Procedure, West Virginia
Commissioners in chancery shall henceforth be known as “commissioners.” The practice respecting the appointment of such commissioners and references to them, and respecting their powers and duties, and the powers and duties of courts to hold hearings upon...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Effect. – In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing...
by admin | May 14, 2021 | Civil Procedure, West Virginia
Either before or at the close of the evidence, any party may file written requests that the court instruct the jury on the law as set forth in the requests, and the court shall inform counsel of its proposed action upon the requests before it instructs the jury. The...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Judgment as a matter of law. – (1) If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Special verdicts. – The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief...
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