This is a multi-state form covering the subject matter of the title.
West Virginia Motion for Summary Judgment - Heirship - Wrongful Death Case for Failure of Valid Cause of Action
State:
Multi-State
Control #:
US-MOT-01430
Format:
Word;
Rich Text
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How to fill out Motion For Summary Judgment - Heirship - Wrongful Death Case For Failure Of Valid Cause Of Action?
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FAQ
- A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 30 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a ...
Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
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. (b)Time for motion.
- 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 ...
Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.