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West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion

Category:
Civil Procedure - Summary Judgment
State:
Multi-State
Control #:
US-00919BG
Format:
Word; 
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Description

This form is a generic motion requesting additional time to respond to a motion for summary judgment.

A West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion is a legal document used to request an extension of time to respond to a motion for summary judgment filed in a West Virginia court. This motion allows the party opposing the motion for summary judgment to provide a detailed explanation as to why they need more time to prepare their response. Keywords: West Virginia, Motion, Requesting Additional Time, Respond, Motion for Summary Judgment, Notice of Motion, legal document, extension of time, opposing party, prepare response. There are different types of West Virginia Motions Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion based on the specific circumstances of the case. Here are a few examples: 1. West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion — Plaintiff: This type of motion is filed by the plaintiff to request additional time to respond to the defendant's motion for summary judgment. The plaintiff provides reasons why they need more time to gather evidence or consult with legal counsel before responding. 2. West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion — Defendant: This motion is filed by the defendant to request an extension of time to respond to the plaintiff's motion for summary judgment. The defendant may need more time to investigate or procure evidence in support of their defense before filing a response. 3. West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion — Joint Motion: In some cases, both the plaintiff and the defendant may agree to request additional time to respond to a motion for summary judgment jointly. This motion is filed jointly by both parties, providing reasons why they need an extension and outlining the agreed-upon timeline for response. 4. West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion — Pro Se: This motion is filed by a party representing themselves without legal representation (pro SE litigant). The pro SE litigant seeks additional time to respond to the opposing party's motion for summary judgment due to their limited knowledge of legal procedures and need for more time to research and prepare an appropriate response. These are just a few examples of different types of West Virginia Motions Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion. The specific type of motion will depend on the party filing it and their unique circumstances in the case.

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FAQ

Under Rule 41 of the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss its claim ?without prejudice? prior to service by the defendant of an answer or motion for summary judgment, whichever occurs ?rst.

(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.

Unless otherwise ordered, a response and any opposing memorandum must be filed within eleven (11) days of service of any motion, except a motion for an extension of time. A memorandum opposing a motion for an extension of time must be filed within five (5) days of service of the motion.

(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.

?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).

Before a court may dismiss an action under Rule 41(b), notice and an opportunity to be heard must be given to all parties of record. (c)Dismissal of counterclaim, cross-claim, or third-party claim. - The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim.

?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit).

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The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary ... The motion shall set forth the specific reasons for the modification. Any other party to the case may file a response to the motion within ten days of receipt.- The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits ... Any reply memoranda shall be filed and served on opposing counsel and unrepresented parties within 7 days from the date of service of the memorandum in response ... The plaintiff shall serve a reply to a counterclaim in the answer within 20 days after service of the answer or, if a reply is ordered by the court, within 20 ... Unless the court sets a different period, a written motion, notice of hearing on the motion, and any supporting briefs or affidavits shall be filed at least 7 ... ... the defendant has filed an answer and a complete copy of the administrative record, the plaintiff shall file a motion for summary judgment and memorandum in ... An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... Feb 27, 2023 — that does not merge with a final judgment following a jury trial is the denial of a motion for summary judgment based on the existence of a ... The motion shall be ruled on promptly by the magistrate. Upon request by any party, the magistrate may schedule a pretrial hearing on the motion in accordance ...

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West Virginia Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
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