West Virginia Affidavit: Default Judgment is a legal document used in the state of West Virginia when a defendant has failed to appear in court or respond to a lawsuit. This affidavit is used to request a default judgment from the court, which is a legal ruling that allows a plaintiff to win a case without the need for a trial. There are two types of West Virginia Affidavit: Default Judgment; one for civil cases and one for criminal cases. The civil affidavit is used when there is a dispute between two parties over a contractual agreement or other monetary issues. The criminal affidavit is used when a defendant has failed to appear in court or respond to a criminal charge. Both affidavits must be signed by a witness and notarized in order for them to be valid.
West Virginia Affidavit: Default Judgment
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How to fill out West Virginia Affidavit: Default Judgment?
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- 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
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 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 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.
- 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
- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
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 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.