Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to formally request an extension of time for the service of process in relation to [Case Name/Number] currently pending in the [Court Name] of West Virginia. Due to unforeseen circumstances and exceptional difficulties encountered during the service of process, we find it necessary to request an extension for completing this crucial step in the legal proceedings. We kindly ask the court to grant us [number of days] additional days to serve the defendant(s) in this matter. This motion is made in accordance with Rule [relevant rule number] of the West Virginia Rules of Civil Procedure which allows for such requests to be made when justified by good cause. We believe that the following circumstances demonstrate the necessity of this extension: 1. [Provide a detailed explanation of the specific circumstances or obstacles that have made the service of process challenging or unfeasible. This may include factors such as the defendant's evasiveness, unknown whereabouts, difficulties finding a suitable process server, or any other relevant circumstances impeding the proper service of process.] 2. [Include any additional information, evidence, or supporting documentation that further substantiates the genuine need for an extension of time.] It is crucial to note that the purpose of this request is not to delay the proceedings unjustifiably, but rather to ensure that all parties involved receive proper notice and are allowed the opportunity to participate in the legal process. Granting this extension will ultimately serve the interest of justice by preventing any potential prejudice that may arise from an inadequately served defendant. In conclusion, we strongly request the court's consideration and approval of this motion to extend the time for service of process. We assure the court that every effort will be made to complete the service within the extended timeline. Thank you for your understanding and cooperation. Should you require any additional information or have any questions, please do not hesitate to contact our office at [your contact information]. Sincerely, [Your Name] [Your Law Firm/Address] [City, State, ZIP Code] [Phone Number] [Email Address] Potential variations of West Virginia Sample Letter for Motion to Extend Time for Service of Process: 1. West Virginia Sample Letter for Motion to Extend Time for Service of Process — Personal Injury Cases— - In this type of letter, additional relevant keywords may include: personal injury, accident, negligence, liability, compensation. 2. West Virginia Sample Letter for Motion to Extend Time for Service of Process — Family Law Cases— - For family law cases, relevant keywords may include: divorce, child custody, alimony, child support, visitation rights, parenting plan. 3. West Virginia Sample Letter for Motion to Extend Time for Service of Process — Commercial Litigation Cases— - Commercial litigation cases may involve keywords such as: breach of contract, business dispute, intellectual property, trade secrets, non-disclosure agreement, arbitration. 4. West Virginia Sample Letter for Motion to Extend Time for Service of Process — Real Estate Cases— - For real estate cases, keywords like foreclosure, rental agreement, property dispute, landlord-tenant issue, boundary dispute, easement, or zoning may be included. These variations exist to tailor the letter to specific legal situations within West Virginia, ensuring that the motion addresses the unique aspects of each case.
West Virginia Sample Letter for Motion to Extend Time for Service of Process
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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.
Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...
Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.
Rule 37 - Failure to cooperate in discovery; sanctions (a)Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate court.
- Without leave of court or written stipulation, any party may serve upon any other party written interrogatories, not exceeding 40 in number including all discrete subparts, to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental ...
Rule 35 is amended in order to make it clear that a judge may, in his discretion, reduce a sentence of incarceration to probation. To the extent that this permits the judge to grant probation to a defendant who has already commenced service of a term of imprisonment, it represents a change in the law.
Rule 37 - Failure to cooperate in discovery; sanctions (a)Motion for order compelling discovery. - A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate court.
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.
