West Virginia Request for Clerk's Entry of Default and Declaration is a document filed by a plaintiff or petitioner in a civil lawsuit in West Virginia circuit court. The document is used to ask the court to enter a default judgment against the defendant or respondent in the case. After the default is entered, the plaintiff may submit a declaration to the court, which is a sworn statement of the plaintiff's claims and the relief they are seeking. There are two types of West Virginia Request for Clerk's Entry of Default and Declaration. The first type is a Request for Clerk's Entry of Default, which is filed when the defendant in the case has failed to respond to the plaintiff's complaint or answer a summons issued by the court. The second type is a Declaration, which is filed after the court has granted the Request for Clerk's Entry of Default and includes a sworn statement of the plaintiff's claim and the relief they are seeking.
West Virginia Request for Clerk's Entry of Default and Declaration
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Rule 55 - Default (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. (b)Judgment.
Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
Rule 35 - Correction or reduction of sentence (a)Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence.
Victim's Rights. (a) In General. (1) Notice of a Proceeding. The government must use its best efforts to give the victim reasonable, accurate, and timely notice of any public court proceeding involving the crime.
Unless otherwise ordered by the court, neither an interlocutory order in any action nor a final judgment awarding an injunction shall be stayed after its entry.
Rule 55 - Default (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.
- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not