West Virginia Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice is a legal term used in the state of West Virginia to describe a court order that resolves a case in favor of one party before it goes to trial. This type of judgment is typically sought when there are no genuine disputes of material fact in the case and the moving party is entitled to judgment as a matter of law. When a motion for summary judgment is granted in West Virginia, it means that the court has reviewed the evidence and legal arguments presented by both parties and determined that there is no need for a trial because one party is entitled to judgment in their favor. This decision is often made based on the pleadings, affidavits, depositions, and other evidence submitted by the parties. Furthermore, the final judgment of dismissal with prejudice means that the case is permanently dismissed and cannot be refiled or brought back to court. The "with prejudice" aspect indicates that the dismissal is final and conclusive, preventing the matter from being litigated again. It's important to note that there can be different types of West Virginia Orders Granting Motion for Summary Judgment and Final Judgments of Dismissal with Prejudice, depending on the nature and circumstances of the case. Some of these may include: 1. Civil Litigation: This type of summary judgment and dismissal can occur in various civil cases, such as personal injury claims, contract disputes, employment lawsuits, or property disputes. If the court finds that there is no genuine issue to be tried, it may grant this order. 2. Criminal Cases: While less common, summary judgment can also be sought in criminal cases, particularly for charges that lack substantial evidence or where there are procedural issues. If the court concludes that there are no factual disputes and the defendant is not guilty as a matter of law, it may grant this order. 3. Administrative Law Proceedings: Summary judgment and dismissal orders can be applicable in administrative law cases, involving issues with government agencies such as social security benefits, professional licensing disputes, or regulatory violations. If the court determines that the administrative body's decision is unlawful or lacks factual support, it may grant this order. In conclusion, a West Virginia Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice is a court order that resolves a case in favor of one party before trial, based on a lack of genuine disputes of material fact. Various types of cases can benefit from such orders, including civil litigation, criminal cases, and administrative law proceedings.
West Virginia Order Granting Motion for Summary Judgment and Final Judgment of Dismissal with Prejudice
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- When two or more actions arising out of the same transaction or occurrence are pending before different courts or before a court and a magistrate, the court in which the first such action was commenced shall order all the actions transferred to it or any other court in which any such action is pending.
Any court in which is pending an action wherein for more than one year there has been no order or proceeding, or wherein the plaintiff is delinquent in the payment of accrued court costs, may, in its discretion, order such action to be struck from its docket; and it shall thereby be discontinued.
Rule 45 - Subpoena (a)Form; issuance. - (1) Every subpoena shall be in a form which substantially complies with Form 33. Civil Case Subpoena, as set forth in the Appendix of Forms of the Rules of Civil Procedure.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...
- 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.
- When two or more actions arising out of the same transaction or occurrence are pending before different courts or before a court and a magistrate, the court in which the first such action was commenced shall order all the actions transferred to it or any other court in which any such action is pending.
Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.