West Virginia Motion for Reconsideration - Personal Injury

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US-PI-0222
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This form is a motion for reconsideration filed by the plaintiff in a personal injury action requesting the court to amend its prior judgment and include in its award pre-judgment interest.

A West Virginia Motion for Reconsideration in the context of personal injury cases involves a legal request made by one party to a lawsuit to ask the court to reconsider a previous decision or ruling. This motion is filed after a verdict or judgment has been issued, and it aims to persuade the court to modify, reverse, or correct its ruling based on various grounds. There are a few different types of West Virginia Motion for Reconsideration — Personal Injury that can be pursued, depending on the circumstances and legal strategies involved. These may include: 1. Motion to Reconsider Judgment: This type of motion is filed when a party believes that the court's judgment was incorrect, unfair, or unjust. The party seeks a reevaluation of the case, presenting new evidence, or arguing that the court misinterpreted the law or facts. 2. Motion to Reconsider Damages: When a party believes that the awarded damages in a personal injury case are inadequate or excessive, they may file a motion to request the court to reconsider the amount awarded. This motion may involve presenting evidence of additional losses, challenges to the methodology used in assessing damages, or arguing for a reduction or increase in the awarded amount. 3. Motion to Reconsider Evidentiary Rulings: In some instances, a party may consider filing a motion to revisit a court's decision regarding the admissibility or exclusion of specific evidence. This motion could be pursued if new evidence has emerged or if it can be argued that the court's original ruling was incorrect and impacted the outcome of the case. 4. Motion to Reconsider Legal Errors: If a party believes that the court made legal errors in interpreting or applying the law during the trial or in its final judgment, a motion to reconsider legal errors can be filed. This motion aims to highlight the mistakes made and to request the court to rectify them, potentially leading to a different outcome. It is important to note that a West Virginia Motion for Reconsideration — Personal Injury must meet specific legal requirements and deadlines defined by the West Virginia Rules of Civil Procedure. These motions can be complex and require the expertise of an experienced personal injury attorney familiar with the laws and procedures in the state of West Virginia. In conclusion, a West Virginia Motion for Reconsideration — Personal Injury is a legal tool used to request a review of a court's decision or ruling after a personal injury trial. Different types of motions may address judgment, damages, evidentiary rulings, or legal errors. Seeking the guidance of a knowledgeable attorney is essential when pursuing such motions to ensure compliance with the legal requirements and increase the chances of success.

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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.

Rule 35 - Correction or reduction of sentence (a)Correction of sentence. - The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence.

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.

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.

A motion for reconsideration is a prime opportunity to seek relief from a Court Order. A motion for reconsideration is an application to the Court requesting that the Court alter or amend a judgment or order, and it must be served no later than twenty (20) days after the order has been served on all parties.

- 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.

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

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The notice of appeal form is contained in Appendix A of the Rules of Appellate Procedure. Review the form carefully and be sure to include all the required ... All motions and responses shall be concise; shall state the relief requested precisely; shall be filed in accordance with the time frames set forth in W.Va. R.Please complete each box as it applies to your case and submit the original to the Court with the complaint, summons, and Application to Proceed In Forma ... The petition should be sent to the Court of Appeals that covers the state in which the employee's injury occurred. ... in Rule 5 of the West Virginia Rules of Civil Procedure. Filing by facsimile is ... Any party may file a motion to reconsider any final resolution of a protest. A member of the West Virginia Bar must provide his or her Bar membership number with any correspondence, filings, motions, objections, or other documents. 7.6. ... An order sustaining a demurrer and granting leave to file an amended pleading by a specific time is sufficient to dispose of the claim(s) or cause(s) of action ... If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own ... Calling a Rule 59(e) motion a motion to 'reconsider', 'vacate', 'set aside', or 'reargue' is confusing to a trial court, and where such motions are filed within ... The courts of this state shall be open, and every person, for an injury done to him, in his person, property or reputation, shall have remedy by due course of ...

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West Virginia Motion for Reconsideration - Personal Injury