West Virginia Motion for Continuance - Personal Injury

State:
Multi-State
Control #:
US-PI-0221
Format:
Word; 
Rich Text
Instant download

Description

This form is a motion to continue based upon the unavailability of a witness, filed by the plaintiff in a personal injury action case.

A West Virginia Motion for Continuance in Personal Injury cases refers to a legal request made by either the plaintiff or defendant to delay a scheduled court hearing or trial related to a personal injury claim. This motion is typically filed when there are reasonable grounds to warrant additional time for preparation or unforeseen circumstances that may hinder the fair proceedings of the case. In West Virginia, there are various types of Motions for Continuance in Personal Injury cases, each designed to address specific situations. Some of these include: 1. Emergency Motion for Continuance: This type of motion is filed when an unexpected event or circumstance arises that makes it impossible for the parties involved to adequately prepare for the hearing or trial. Examples of emergencies could include severe illness, accidents, or natural disasters. 2. Discovery Continuance Motion: This motion is filed when either party requires additional time to gather evidence, collect medical records, or complete the discovery process. It may be necessary if new information comes to light or if parties need more time to coordinate with expert witnesses or gather necessary documentation. 3. Motion for Continuance due to Case Complexity: Sometimes, personal injury cases involve complex legal issues or intricate medical conditions that require additional time for research, analysis, or consultations with specialized experts. This motion is filed when the current trial date does not allow for thorough examination and presentation of the complexity involved in the case. 4. Unavailability of Key Witnesses Continuance Motion: In situations where crucial witnesses become unavailable due to emergencies or scheduling conflicts, parties may file this motion to request a new trial date that accommodates the witnesses' availability. This ensures that both sides have an equal opportunity to present their case and cross-examine witnesses. 5. Motion for Continuance based on Settlement Negotiations: If parties are actively engaged in settlement negotiations and believe that additional time would facilitate mutually beneficial resolution, a motion for continuance may be filed to postpone the trial until settlement discussions are concluded. In conclusion, a West Virginia Motion for Continuance in Personal Injury cases is a legal request to delay a scheduled court hearing or trial. Depending on the circumstances, various types of motions can be filed, including Emergency Motion, Discovery Continuance Motion, Motion due to Case Complexity, Unavailability of Key Witnesses Continuance Motion, and Motion based on Settlement Negotiations. Each type serves a specific purpose and seeks to ensure fair proceedings and effective presentation of the case.

Free preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview
  • Form preview

How to fill out West Virginia Motion For Continuance - Personal Injury?

If you want to complete, obtain, or print out legal papers web templates, use US Legal Forms, the biggest variety of legal types, which can be found on-line. Utilize the site`s easy and convenient search to find the paperwork you require. Different web templates for company and personal purposes are sorted by classes and states, or key phrases. Use US Legal Forms to find the West Virginia Motion for Continuance - Personal Injury within a few click throughs.

In case you are presently a US Legal Forms customer, log in in your bank account and click the Download button to find the West Virginia Motion for Continuance - Personal Injury. You may also access types you in the past saved inside the My Forms tab of the bank account.

Should you use US Legal Forms for the first time, refer to the instructions below:

  • Step 1. Make sure you have selected the shape for your proper town/nation.
  • Step 2. Utilize the Preview option to look over the form`s content. Never forget to learn the explanation.
  • Step 3. In case you are unsatisfied together with the type, use the Lookup industry on top of the screen to find other types of the legal type web template.
  • Step 4. After you have discovered the shape you require, select the Acquire now button. Choose the costs plan you choose and include your qualifications to sign up for the bank account.
  • Step 5. Procedure the financial transaction. You should use your Мisa or Ьastercard or PayPal bank account to finish the financial transaction.
  • Step 6. Select the format of the legal type and obtain it on your system.
  • Step 7. Full, modify and print out or signal the West Virginia Motion for Continuance - Personal Injury.

Every single legal papers web template you acquire is yours permanently. You possess acces to every single type you saved inside your acccount. Select the My Forms segment and decide on a type to print out or obtain once more.

Remain competitive and obtain, and print out the West Virginia Motion for Continuance - Personal Injury with US Legal Forms. There are thousands of specialist and express-particular types you may use for the company or personal demands.

Form popularity

FAQ

- 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 ...

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.

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c)Motion and proceedings thereon.

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.

- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c)Motion and proceedings thereon.

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.

- No later than 10 days after entry of judgment the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

Interesting Questions

More info

Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... Post-conviction Habeas Corpus Form: Use this form to file a post-conviction habeas corpus petition. Includes instructions. Application to Proceed in Forma ...These rules govern the procedure in all criminal proceedings in the magistrate courts of the State of West Virginia. ... Upon motion of the defendant, a ... Any party filing a motion to amend a pleading that requires leave of court to file, shall attach to that motion a signed copy of the proposed amended pleading. - A motion for a continuance shall be in writing and shall concisely state the grounds. The motion shall be filed with the circuit clerk, and provided to the ... (c) Motions to Transfer. A defendant may, in his answer or within a reasonable time, move to transfer the case to the magistrate court of another county. The ... However, other than a complaint or petition, when necessary a party may file a document by fax transmission. The Clerk of Court shall accept the document as ... submit to the Board of Review a motion to require the claim administrator to provide the claim file. ... in Rule 5 of the West Virginia Rules of Civil. Procedure ... - A movant may file a motion for continuance with the circuit clerk, or with the court, at the convenience of the court. (b)Requirements for a continuance. - A ... Feb 8, 2019 — ... continuance come to his knowledge, file a written motion with the Commission stating in detail the reasons why a continuance is necessary. The.

Trusted and secure by over 3 million people of the world’s leading companies

West Virginia Motion for Continuance - Personal Injury