This form for note-taking is intended to assist the attorney with case preparation during pre-trial conference.
West Virginia Pretrial Conference Notes
State:
Multi-State
Control #:
US-PI-0016
Format:
Word;
Rich Text
Instant download
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FAQ
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.
Rule 11 - Signing of pleadings, motions and other papers; representations to court; sanctions (a)Signature. - Every pleading, motion and other paper shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney shall be signed by the party.
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.
Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed. All pleadings, motions, papers, and representations to the court must also meet the requirements of Rule 11 or risk triggering sanctions against the offending parties and their attorneys.
An appeal from a final order of a family court may not be filed in the Supreme Court unless, within fourteen days after entry of a family court final order, both of the parties file a notice of intent to appeal directly to the Supreme Court and waive their right to appeal to the Intermediate Court.
Rule 12 - Pleadings and motions before trial; defenses and objections (a)Pleadings and motions. - Pleadings in criminal proceedings shall be the indictment and information, and the pleas of not guilty, guilty and nolo contendere.
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.
