West Virginia Motion for Trial Continuance - Personal Injury

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Multi-State
Control #:
US-PI-0060
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Word; 
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Description

This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

How to fill out Motion For Trial Continuance - Personal Injury?

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FAQ

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.

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.

The grant or denial of a motion for a continuance rests with the sound discretion of the court, except that a party shall not be granted more than one continuance.

Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.

- In proceedings in which both parties are self-represented, the court shall prepare all orders and findings of fact. In proceedings in which one or both parties are represented by attorneys, the court may assign one or more attorneys to prepare an order or proposed findings of fact.

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.

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West Virginia Motion for Trial Continuance - Personal Injury