West Virginia Motion to Set Aside Submission and Reopen Case

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Multi-State
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US-02764BG
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This form is a generic sample of a motion to reopen a case based on newly discovered evidence.

West Virginia Motion to Set Aside Submission and Reopen Case is a legal recourse that allows parties involved in a case to request the court to reconsider a previous decision or judgment. This motion can be filed by either party involved in the case when new evidence or compelling reasons surface, highlighting possible errors in the initial judgment or suggesting the need for a fresh evaluation. There are different types of West Virginia Motions to Set Aside Submission and Reopen Case, namely: 1. Motion to Set Aside Submission: This motion is filed when a party believes that the court's decision was based on incorrect or incomplete information. It requests the court to withdraw or vacate its previous ruling so that additional evidence or arguments can be presented. 2. Motion to Reopen Case: This motion is filed when new evidence emerges that was unavailable during the original proceedings. It aims to revisit the case and present the newly discovered evidence, which could potentially alter the original decision. 3. Motion for Relief from Judgment: This type of motion asks the court to grant relief from a judgment due to extrinsic factors that prevented a fair trial or where a party may have been deprived of their rights. It seeks to rectify errors made during the previous proceedings. 4. Motion for Additional Time: This motion requests an extension of the deadline for submitting evidence or legal documents, allowing the parties involved to provide additional information to support their case. In West Virginia, the rules governing Motions to Set Aside Submission and Reopen Case can be found in the West Virginia Rules of Civil Procedure, specifically Rule 60. This rule outlines the requirements and procedures for filing such motions and provides guidance on the court's discretion in granting or denying them. Overall, a West Virginia Motion to Set Aside Submission and Reopen Case provides an opportunity for parties to present new evidence, correct errors, or seek relief from an unjust judgment, ensuring fairness and justice in the legal system.

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Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.

- 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. (c)Motion and proceedings thereon.

Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.

- A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law; and (2) in an action tried without a jury, for any of the reasons for which ...

Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

Any court in which is pending an action wherein for more than one year there has been no order or proceeding, or wherein the plaintiff is delinquent in the payment of accrued court costs, may, in its discretion, order such action to be struck from its docket; and it shall thereby be discontinued.

- 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.

- 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.

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The court may, on motion, reinstate on its trial docket any action dismissed under this rule, and set aside any nonsuit that may [be] entered by reason of the ... Rule 17 - Setting aside judgment (a) Within 20 days after judgment is entered, any dissatisfied party may file a motion requesting that the judgment be set ...Complaint. — A civil action is commenced by filing a complaint with the court. · Civil case information statement. · Divorce complaints. The application must be filed within 30 days after the entry of a final appellate judgment and may be made in the same case from which the appeal was taken, ... by L Silverstein · 1960 — The attorney should exclude allegations which are redundant, immaterial, impertinent, or scandalous, since such allegations are subject to a motion to strike. ( ... Please complete each box as it applies to your case and submit the original to the Court with the complaint, summons, and Application to Proceed In Forma ... Important: Bring the original Proof of Service form to the Court with you the day of the hearing or file the original Proof of Service with the County Clerk's ... by RL Kourlis · 2009 — The elapsed time between the filing of a case and the filing of a motion disputing discovery, a motion to dismiss or a motion for summary judgment. What exactly ... Aug 2, 2018 — The motion should be filed with a cover page labeled “MOTION TO SET ASIDE DEFAULT ORDER” and comply with the requirements for filing. For ... (a) Any person may appeal the judgment of a magistrate court to the circuit court as a matter of right by requesting such appeal not later than twenty days ...

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West Virginia Motion to Set Aside Submission and Reopen Case