The rules governing the hearing of an appeal usually provide that the appeal will be heard in the order of its filing. However, on motion to advance the hearing directed to the discretion of the court and supported by a showing of good cause, the hearing usually may be heard out of regular order. Good cause generally is prescribed as a situation in which the appeal involves important questions affecting the public interest, questions that are similar to those in a case scheduled ahead, the allowance or denial of a temporary injunction, matters controlling the settlement of an estate, the jurisdiction of the court below, and criminal cases.
West Virginia Motion to Advance Cause on Calendar
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Multi-State
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US-03346BG
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- When two or more actions arising out of the same transaction or occurrence are pending before different courts or before a court and a magistrate, the court in which the first such action was commenced shall order all the actions transferred to it or any other court in which any such action is pending.
- 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.
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.
TO the person summoned: If you are served with this subpoena less than 5 calendar days before your appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice.
Every such subpoena and subpoena duces tecum shall be served at least five days before the return date thereof, either by personal service made by any person over eighteen years of age or by registered or certified mail, but a return acknowledgment signed by the person to whom the subpoena or subpoena duces tecum is ...
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.
- 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.