West Virginia Agreed Judgment refers to a legally binding agreement reached between two disputing parties in the state of West Virginia. This judgment is agreed upon by both parties involved in a legal dispute, and it avoids the need for a trial or further litigation. The West Virginia Agreed Judgment is a written settlement that outlines the terms and conditions that both parties have mutually accepted to resolve their differences. It serves as a final resolution and requires both parties to adhere to the agreed-upon terms. This judgment can cover a wide range of disputes, including but not limited to contract disagreements, property disputes, divorce settlements, child custody arrangements, and personal injury cases. Different types of West Virginia Agreed Judgments can be classified based on the nature of the dispute they address. Some common examples include: 1. Contractual Agreed Judgment: This type of agreement is reached when there is a breach of contract between two parties. The terms of the contract are renegotiated, modified, or settled to resolve the dispute. 2. Divorce Agreed Judgment: In cases of divorce or legal separation, couples may choose to reach an agreed judgment to finalize the terms of their settlement. This can include division of property, child custody and support, spousal support, and visitation rights. 3. Personal Injury Agreed Judgment: When a person is injured due to the negligence of another party, they may opt for an agreed judgment rather than pursuing a trial. The terms of compensation, medical expenses, lost wages, and pain and suffering are negotiated and documented in this type of agreement. 4. Property Dispute Agreed Judgment: This agreement is often used to resolve conflicts over ownership, boundaries, or use of real estate or personal property. Parties involved may agree to the terms of ownership, financial compensation, or changes in property rights to resolve their disagreements. It is important to note that each West Virginia agreed judgment is unique to the specific circumstances of the case and the parties involved. These agreements are enforceable by law and serve as an alternative dispute resolution method that promotes efficiency and reduces the burden on the court system.
West Virginia Agreed Judgment
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56(d), the nonmoving party can submit an affidavit that asks for additional time for discovery, which will permit the court to either (1) defer considering the motion for summary judgment (or deny it all together); (2) allow more time for the nonmoving party to obtain additional discovery; or (3) issue any other order ...
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.
Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.
- 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 ...
If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
(c) If a defendant offers to confess judgment at any time, the magistrate shall take the same in writing and render judgment for the amount confessed plus costs. In the event the amount claimed by the plaintiff exceeds the amount confessed by the defendant the plaintiff may request that the matter be set for trial.
- 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. (c)Motion and proceedings thereon.