Kanawha County Circuit Court (2024)

FAQs

What is the rule 45 in West Virginia? ›

A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

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.

What is Rule 35? Rule 35(a) Correct an illegal sentence - An individual that discovers they were given an illegal sentence may make a request for a court to correct their sentence at any time.

Rule 10 - [Effective 1/1/2025] Form of pleadings (a) Caption; names of parties. Every pleading shall have a caption with the court's name, a title, a civil action number, and a Rule 7(a) designation.

This rule governs direct appeals from a family court final order to the Intermediate Court and appeals from the Intermediate Court to the Supreme Court, as well as appeals to the Supreme Court pursuant to West Virginia Code §51-2A-15(a), and appeals transferred to the Supreme Court pursuant to West Virginia Code §51-2A ...

Rule 16.

— Trial shall be conducted by the examination and cross-examination of witnesses under oath or affirmation, in an orderly manner, and in accordance with the West Virginia Rules of Evidence. (b) Trial by jury.

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. Amicus curiae may not present oral argument unless granted permission under Rule 30.

On April 9, 2021, West Virginia Governor Jim Justice (R) signed into law HB 2026, which repealed the throwout rule and also changed the apportionment formula to a single sales factor formula for tax years beginning on January 1, 2022.

Rule 408 is patterned after, but not taken verbatim from, its federal counterpart. Rule 408(a) does not allow the admission of evidence "to impeach by a prior inconsistent statement or a contradiction." This restriction is not contained in the current state rule.

Evid. 403. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

What is the three term rule in WV? ›

Every person charged by presentment or indictment with a felony or misdemeanor and, remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him ...

Rule 25 - [Effective 1/1/2025] Substitution of parties (a) Death. (1)Substitution if the claim is not extinguished. If a party dies and the claim is not extinguished, the court may order substitution of the proper party.

Rule 65 - [Effective until 1/1/2025] Injunctions (a)Preliminary injunction. - (1)Notice. - No preliminary injunction shall be issued without notice to the adverse party. (2)Consolidation of hearing with trial on merits.

Rule 30 - [Effective 1/1/2025] Depositions by oral examination (a)When a deposition may betaken. (1)Without leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2), The deponent's attendance may be compelled by subpoena under Rule 45.

Rule 55 - [Effective until 1/1/2025] 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.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

Rule 41 of the West Virginia Rules of Civil Procedure permits a trial court to dismiss a case based on the failure of a plaintiff to prosecute the action.

West Virginia does not have ammunition restrictions.