This form is a sample motion to dismiss filed by the defendant seeking to have plaintiff's cause of action dismissed for failure to state a claim upon which relief may be granted.
West Virginia Motion to Dismiss - Personal Injury
State:
Multi-State
Control #:
US-PI-0313
Format:
Word;
Rich Text
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How to fill out Motion To Dismiss - Personal Injury?
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FAQ
A person, upon whom process has not been served within one year of commencement of the action against him, may make a special appearance, which does not constitute a general appearance, to file a motion to dismiss.
Summary Judgment. Any party may make a motion for summary judgment at any time after the parties are at issue, except in an action for divorce or for annulment of marriage.
The court may issue orders?including an order for separate trials?to protect a party against embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.
Rule 19 Oral Argument Cases claiming an unsustainable exercise of discretion where the law governing that discretion is settled; Cases claiming insufficient evidence or a result against the weight of the evidence; Cases involving a narrow issue of law; and. Cases in which a hearing is required by law.
The West Virginia statute of limitations for personal injury claims is generally two years after the date of injury. Therefore, the best way to protect your legal rights is to file a lawsuit within two years after you were injured.
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.
A party who has not filed a brief may not present oral argument. A party who has filed a summary response in lieu of a brief is deemed to have waived oral argument, but shall be heard orally if oral argument is held under this rule.
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.