In the state of West Virginia, a crucial step in the legal process is the Application for Entry of Default, which may ultimately lead to a Default Judgment. This comprehensive description aims to explain the various components of this application, including the Affidavit and Motion needed to obtain an Entry of Default and eventually a Default Judgment. An Application for Entry of Default is a formal request made by the plaintiff in a civil case when the defendant fails to respond or take appropriate action within the specified timeframe. This legal document is vital for progressing the case and ensures that the court is aware of the defendant's noncompliance. The Affidavit is a sworn statement, typically completed by the plaintiff or their attorney, which confirms that the defendant has been appropriately served with the initial legal documents, such as the complaint or summons. The Affidavit serves as evidence of the defendant's awareness of the lawsuit and their subsequent failure to respond. Accompanying the Application for Entry of Default is the Motion, which is a formal request made to the court, asking for a ruling based on the defendant's nonresponse. The Motion effectively requests that the court grant an Entry of Default as the next step in the legal process. The Entry of Default is a court order that officially recognizes the defendant's failure to respond or participate in the lawsuit within the required period. It signifies that the defendant is now in default and loses their opportunity to contest the allegations made by the plaintiff. This step is crucial as it paves the way for the final stage: the Default Judgment. Within the realm of West Virginia law, different types of Default Judgments can be sought depending on the circumstances of the case. These may include Default Judgment by Confession, Default Judgment by Damages, or Default Judgment by Decree. A Default Judgment by Confession occurs when the defendant voluntarily admits to liability and agrees to the entry of judgment in favor of the plaintiff. This type of judgment is typically used in cases where the parties have reached an agreement regarding the outcome. On the other hand, a Default Judgment by Damages is sought when the plaintiff seeks a specific amount of monetary compensation for the harm or losses suffered due to the defendant's negligence, breach of contract, or other wrongdoing. Lastly, a Default Judgment by Decree is pursued when the plaintiff seeks a court order for specific actions or remedies to be undertaken by the defendant. This type of judgment is often sought when the plaintiff is seeking injunctive relief or wants the court to enforce or terminate a legal agreement or relationship. In summary, the West Virginia Application for Entry of Default, accompanied by the Affidavit and Motion, is a critical step in the legal process which may lead to a Default Judgment. It acts as a formal request to the court when the defendant fails to respond, allowing the plaintiff to proceed with their case. Various types of Default Judgments, such as by Confession, by Damages, or by Decree, may subsequently be pursued depending on the nature of the lawsuit.
West Virginia Application for Entry of Default - Affidavit - Motion - Entry of Default - Default judgment
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(b)For defending party. - 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.
- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.
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.
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.
- 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 ...
It is important to note that a default judgment does always mean an informal eviction occurred. Under Virginia state law, there is an automatic ruling for the landlord anytime a tenant does not appear in court.