This form is a generic motion for partial summary judgment on the issue of liability. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
West Virginia General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages is a legal document used in the state of West Virginia to seek partial summary judgment in a lawsuit. This motion aims to establish the defendant's liability for a particular issue, while requesting a separate trial to determine the damages incurred by the plaintiff. Keywords: West Virginia, general form, partial motion, summary judgment, plaintiff, issue of liability, notice of motion, request, separate trial, damages. In West Virginia, the General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages can be modified depending on the specific circumstances of the case. Here are some variations of this form: 1. West Virginia General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages — Personal Injury Case: This variation of the form is specifically tailored for personal injury cases, aiming to establish the defendant's liability for the injuries sustained by the plaintiff. The motion seeks summary judgment on the issue of liability and requests a separate trial to determine the damages awarded. 2. West Virginia General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages — Breach of Contract Case: This version of the form is designed for breach of contract cases in West Virginia. The motion seeks partial summary judgment to establish the defendant's liability for breaching the terms of the contract. It further requests a separate trial to determine the damages resulting from the breach. 3. West Virginia General Form of Partial Motion for Summary Judgment by Plaintiff on Issue of Liability with Notice of Motion and with Request for Separate Trial on Issue of Damages — Medical Malpractice Case: For medical malpractice cases filed in West Virginia, this variation of the form addresses the specific issues related to proving liability in such cases. The motion seeks partial summary judgment on the defendant's liability for medical negligence and requests a separate trial to determine the damages caused by the malpractice. It is important to note that the specific requirements and guidelines for using these variations may differ, and it is advisable to consult with an attorney familiar with West Virginia state law to ensure proper utilization of the appropriate form.
