Add Dropdown Menu Fields Legal West Virginia Small Claims Forms For Free

A small claims case starts by filing a claim with the West Virginia Magistrate Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing. At the trial, you'll present evidence supporting your case.

This Rule 29(a) governs amicus filings during a court's initial consideration of a case on the merits. (2) When Permitted. The United States or its officer or agency or a state may file an amicus brief without the consent of the parties or leave of court.

Motion for Judgment of Acquittal. (a) Motion Before Submission to Jury . Motions for directed verdict are abolished and motions for judgment of acquittal shall be used in their place.

It can vary widely depending on the case, the judge's workload, the jurisdiction, and other factors. It can be weeks or months.

Under this rule, a court may, on its own motion, upon motion of any party, or by stipulation of the parties, refer a case to mediation, though parties may object in a timely manner.

Rule 21 – Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.

Rule 21 - Stay of execution (a) The timely filing or granting of an appeal automatically stays the sentence of the magistrate. (b) Upon request by the defendant, the execution of a criminal judgment shall be stayed to allow for the filing of a motion for a new trial or a petition for modification of sentence.

Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.

Trial Court Rule 15A governs electronic filing and service of documents and maintenance of case-related information in the circuit courts and family courts of West Virginia. Trial Court Rule 15A does not preclude future application of electronic filing and service in other types of actions.