West Virginia Motion to Reopen Petition for Post Conviction Relief

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US-03354BG
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Description

Under the Uniform Post-Conviction Procedure Act, a person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief upon specified grounds. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The application may be considered by any judge of the court in which the conviction took place.

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  • Preview Motion to Reopen Petition for Post Conviction Relief
  • Preview Motion to Reopen Petition for Post Conviction Relief
  • Preview Motion to Reopen Petition for Post Conviction Relief
  • Preview Motion to Reopen Petition for Post Conviction Relief

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FAQ

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

Rule 7 - Appendix record (a)Format. An appendix must contain accurate reproductions of the documents and exhibits submitted to the lower court, administrative agency, or other tribunal, and may be reproduced using any method that produces a permanent, legible image.

- If an attorney assigned to prepare an order or proposed findings fails to prepare the order or findings in a timely manner, or otherwise fails to comply with the provisions of this rule, the court may direct one or more attorneys for other parties to prepare the order or findings; and may require the attorney ...

Unless otherwise ordered, a response and any opposing memorandum must be filed within eleven (11) days of service of any motion, except a motion for an extension of time. A memorandum opposing a motion for an extension of time must be filed within five (5) days of service of the motion.

Within thirty days of entry of the judgment being appealed, the petitioner shall file the notice of appeal and the attachments required in the notice of appeal form contained in Appendix A of these Rules. The notice of appeal shall be filed in the Office of the Clerk of the Supreme Court.

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.

- On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect, or unavoidable cause; (2) newly discovered evidence which by due diligence could not ...

Rule 35 - Correction or reduction of sentence (a)Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence. (b)Reduction of sentence.

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West Virginia Motion to Reopen Petition for Post Conviction Relief