West Virginia Matters that Should be Included in Pretrial Conference Order or Pretrial Order

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US-03357BG
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Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by directive of the judge in the individual case, particularly in the absence of a preconference meeting. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the pretrial judge. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.


In any action, the court may, in its discretion, direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) expediting the 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 the settlement of the case.

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Rule 35(b) reduction of sentence - Within 120 days after sentencing has occurred, your lawyer can request that the sentencing judge reconsider your sentence. You can ask for a reduction in sentence or an alternative form of sentence.

A party who has not filed a brief may not present oral argument. A party who has filed a summary response in lieu of a brief is deemed to have waived oral argument, but shall be heard orally if oral argument is held under this rule.

Summary Judgment. Any party may make a motion for summary judgment at any time after the parties are at issue, except in an action for divorce or for annulment of marriage.

- 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.

The court may issue orders?including an order for separate trials?to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.

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.

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.

Before a court may dismiss an action under Rule 41(b), notice and an opportunity to be heard must be given to all parties of record. (c)Dismissal of counterclaim, cross-claim, or third-party claim. - The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim.

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West Virginia Matters that Should be Included in Pretrial Conference Order or Pretrial Order