[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Title] [Recipient's Law Firm/Organization] [Address] [City, State, ZIP] Re: Joint Motion of Entry of Second Amended Scheduling Order — [Case Name or Number] Dear [Recipient's Name], I hope this letter finds you well. I am writing to request your cooperation in jointly moving for the entry of a second amended scheduling order in the above-mentioned case pending in [Court Name] in West Virginia. The purpose of this letter is to outline the details and reasoning behind this request. Background: Provide a brief background of the case, including relevant dates, parties involved, and any significant events or developments. Current Scheduling Order: Describe the existing scheduling order, including the dates set for discovery, expert witness disclosures, pre-trial conference, trial, etc. Mention any obstacles or circumstances that have necessitated the need for amendment. Reasons for the Request: 1. Unforeseen Circumstances or Discovery: Explain any unforeseen circumstances that have arisen since the entry of the original scheduling order, such as the discovery of new evidence, witness availability issues, or developments in the legal landscape. Elaborate on how these circumstances have impacted the case timetable and justify the need for a revised schedule. 2. Complex Legal or Factual Issues: If the case involves complex legal or factual issues that require additional time for preparation, provide a detailed explanation. Discuss any expert reports, specialized research, or additional discovery required to comprehensively address the complexity of the issues involved. 3. Parties' Stipulation: State that both parties are in agreement regarding the proposed amendment of the scheduling order. Emphasize that this is a joint motion and that all parties have consented to the proposed changes. 4. Efficiency and Fairness: Highlight the importance of ensuring a fair and efficient resolution of the dispute. Explain how the requested amendment will promote fairness to all parties by allowing ample time for preparation, avoiding unnecessary delays, and facilitating a more comprehensive presentation of the case. Proposed Amended Scheduling Order: Provide a detailed outline of the specific changes you propose, including new deadlines for discovery, witness disclosures, expert reports, and any other applicable proceedings. It is essential to be clear, specific, and comprehensive in this section to avoid potential disputes or conflicts. Conclusion: Thank the recipient for their attention to this matter and express your hope for their cooperation. Suggest potential dates for a joint teleconference or meeting to discuss the proposed amendment further. Please review this letter carefully, and if you find it acceptable, I kindly request your signature indicating your agreement to file the joint motion for entry of the second amended scheduling order. Upon receiving your signed copy, I will proceed to file the motion with the court. Thank you for your attention to this matter, and I look forward to your prompt response. Sincerely, [Your Name]
West Virginia Sample Letter for Joint Motion of Entry of Second Amended Scheduling Order
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How to fill out West Virginia Sample Letter For Joint Motion Of Entry Of Second Amended Scheduling Order?
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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.
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.
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.
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.
24.01. 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.
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.
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 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.
