A Motion to Intervene, specifically in the context of personal injury cases, is an important legal document filed in West Virginia that allows a third party to join ongoing litigation. This legal action grants individuals or entities, who have a direct and substantial interest in the outcome of the case, the opportunity to become parties to the lawsuit. In West Virginia, there are two primary types of Motions to Intervene commonly associated with personal injury cases: 1. West Virginia Motion to Intervene — Plaintiff: This type of motion allows an individual or organization, not initially named as a plaintiff in the lawsuit, to join as an additional plaintiff. Typically, this occurs when the person or entity possesses significant legal rights that may be directly affected by the outcome of the case. For example, a family member intervening in a personal injury case involving their loved one. 2. West Virginia Motion to Intervene — Defendant: On the other hand, a defendant may also file a Motion to Intervene, seeking to participate in the ongoing personal injury litigation. These situations commonly arise when a third party, who may potentially be held liable for damages, desires to enter the lawsuit in order to protect their legal interests or challenge the plaintiff's claims. Keywords: 1. West Virginia 2. Motion to Intervene 3. Personal injury 4. Lawsuit 5. Litigation 6. Third party 7. Plaintiff 8. Defendant 9. Legal rights 10. Liability
West Virginia Motion to Intervene - Personal Injury
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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.
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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.