West Virginia Model Motion for Default Judgment and Proposed Order is a document used to enter a default judgment in the civil court system in the state of West Virginia. It is a form that is used when a defendant has not responded to the complaint after being served with a summons. The motion requests the court to enter a default judgment in favor of the plaintiff and includes a proposed order that outlines the terms of the judgment. There are two types of West Virginia Model Motion for Default Judgment and Proposed Order, namely the Regular Default Judgment and the Final Default Judgment. The Regular Default Judgment is used when a defendant has failed to respond to the initial complaint, while the Final Default Judgment is used when a defendant has failed to respond to the amended complaint. Both forms include a request for the court to enter the default judgment and a proposed order outlining the terms of the judgment.
West Virginia Model Motion for Default Judgment and Proposed Order
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A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.
Rule 55 - 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.
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that ?it prospectively is no longer equitable.? Motions under Rule 60(b)(5) must be made ?within a reasonable time? under Rule 60(c)(1), but subsection (c)(1) otherwise sets no firm deadline.
- 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
P. 60(b)(4) (?On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: . . . (4) the judgment is void . . . .?).
A motion for default judgment is an official court document filed by a creditor or debt collector (known as the plaintiff to the case), notifying the court that the person being sued (known as the defendant) never responded to the case Summons and Complaint.
Unless otherwise ordered by the court, neither an interlocutory order in any action nor a final judgment awarding an injunction shall be stayed after its entry.
- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater