A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.
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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.
- A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of ...
Rule 16 - Trial (a)Conduct of trial. - Trial shall be conducted by the examination and cross-examination of witnesses under oath or affirmation, in an orderly manner, and in ance with the West Virginia Rules of Evidence. (b)Trial by jury.
- When two or more actions arising out of the same transaction or occurrence are pending before different courts or before a court and a magistrate, the court in which the first such action was commenced shall order all the actions transferred to it or any other court in which any such action is pending.
Rule 37 - Failure to cooperate in discovery; sanctions (a)Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate court.
- A person who is subject to service of process shall be joined as a party in the action if (1) in the person's absence complete relief cannot be ed among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the ...
Rule 17 - Parties plaintiff and defendants; capacity (a)Real party in interest. - Every action shall be prosecuted in the name of the real party in interest.
- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
