West Virginia Complaint for Declaratory Judgment and Interpleader Action or Burial Policy
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How to fill out Complaint For Declaratory Judgment And Interpleader Action Or Burial Policy?
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: serving to declare, set forth, or explain. 2. a. : declaring what is the existing law. declaratory statute.
(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.
Declaratory relief is when an applicant presents a legal question to the court seeking only a declaration with respect to the parties' rights. There is no consequence sought beyond the court's opinion on the matter.
A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty.
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.
- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...
