West Virginia General Form of Pretrial Order

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Multi-State
Control #:
US-02709BG
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Description


The Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.


Rule 16 of the Federal Rules of Civil Procedure provides in part as follows:

(a) Purposes of a Pretrial Conference. In any action, the court may order the attorneys and any unrepresented parties to appear for one or more pretrial conferences for such purposes as:

(1) expediting disposition of the action;

(2) establishing early and continuing control so that the case will not be protracted because of lack of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation, and;

(5) facilitating settlement.

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FAQ

Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed. All pleadings, motions, papers, and representations to the court must also meet the requirements of Rule 11 or risk triggering sanctions against the offending parties and their attorneys.

Rule 20. Unless otherwise ordered, the time to answer or otherwise respond to a complaint may be extended by stipulation. The stipulation shall constitute an appearance by any defendant who is a party to it.

Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.

The West Virginia Circuit Courts are the West Virginia state trial courts of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. West Virginia's 55 counties are divided into 31 circuits, each comprising anywhere from one to four counties.

24.01. Rule 24.01 - Generally (a) Unless otherwise directed by the presiding judicial officer, all orders shall be submitted to the judicial officer promptly, but no later than eleven (11) days after having been directed to do so by the court.

There are five Supreme Court justices (not judges) who are elected to 12-year terms in nonpartisan statewide elections. Candidates must have practiced law in West Virginia for at least 10 years. Their salaries are set by the Legislature. As of July 1, 2022, their annual salaries are $149,600.

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West Virginia General Form of Pretrial Order