Motion to stay and abate refers to a motion filed to abate to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources and to preserve the statute of limitations periods.
West Virginia Motion to Stay Action Pending Arbitration
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Multi-State
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US-02643BG
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§29A-5-1. Notice required; hearing; subpoenas; witness fees, etc.; depositions; records. (a) In any contested case all parties shall be afforded an opportunity for hearing after at least ten days' written notice.
Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.
In 2015, the West Virginia Legislature passed the Revised Uniform Arbitration Act. Section 8 of this law appears to give courts the authority to decide the enforceability of an arbitration agreement when asked to do so by a party.
§55-10-9. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement, it may not, pursuant to subsection (a) or (b) of this section, order the parties to arbitrate.
Power of courts to declare rights, status and other legal relations; objections; form and effect of declaration. Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed.
(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably ...
The Uniform Arbitration Act was a United States act from 1955 which specified arbitration in the United States law. It was created by the National Conference of Commissioners on Uniform State Laws. The law is currently preempted in almost all contexts by the 1925 FAA.