by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Form. – In all trials the testimony of witnesses shall be taken in open court, unless otherwise provided by a statute or by these rules, the West Virginia Rules of Evidence, or other rules adopted by the Supreme Court of Appeals....
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Consolidation of actions in same court. – When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated;...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Voluntary dismissal; effect thereof. – (1)By plaintiff; by stipulation. – Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the State, an action may be dismissed by the plaintiff without order of court (i) by filing a notice of...
by admin | May 14, 2021 | Civil Procedure, West Virginia
The circuit court shall provide by rule for the placing of actions upon the trial calendar (1) without request of the parties, or (2) upon request of a party and notice to the other parties, or (3) in such other manner as the courts deem expedient. Such rules shall be...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)By jury. – When trial by jury has been demanded as provided in Rule 38 or a timely motion or request therefor has been made under subdivision (b) of this rule, the action shall be designated upon the docket as a jury action. The trial of all issues so...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Right preserved. – The right of trial by jury as declared by the Constitution or statutes of the State shall be preserved to the parties inviolate. (b)Demand. – Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving...
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