Matter relating merely to the conduct of a pending proceeding or to the designation of the issues involved, which affects only the rights or convenience of the parties and does not involve any interference with the duties and functions of the court, may be the subject of a stipulation.
West Virginia Stipulation for Setting Aside Default Judgment and Permitting Answer is a legal document utilized in West Virginia courts to request the setting aside of a default judgment and allow the party to file an answer in response to a lawsuit. This stipulation serves as a formal agreement between the plaintiff (the party who obtained the default judgment) and the defendant (the party against whom the default judgment was entered). In West Virginia, there are two primary types of stipulations for setting aside default judgment and permitting answer: 1. Stipulation for Setting Aside Default Judgment: This type of stipulation is commonly used when a default judgment has been entered against the defendant due to their failure to respond to the initial lawsuit within the specified time frame. The defendant can file this stipulation to request the court to set aside the default judgment and give them an opportunity to present their case. 2. Stipulation for Permitting Answer: This type of stipulation is typically used when a defendant has failed to file an answer within the required time period, resulting in a default judgment. By filing this stipulation, the defendant seeks permission from the court to submit their answer and take part in the ongoing legal proceedings. It essentially allows them to defend themselves against the claims made by the plaintiff. In both cases, the stipulation for setting aside default judgment and permitting answer outlines the reasons for the defendant's failure to respond within the specified timeframe, such as excusable neglect or lack of notice. It also demonstrates the defendant's willingness to comply with court rules and participate actively in the litigation process. Keywords: West Virginia, stipulation, setting aside default judgment, permitting answer, lawsuit, plaintiff, defendant, legal document, court, response, time frame, excusable neglect, lack of notice, litigation process.
