West Virginia Motion: to Transfer to Circuit Court is a legal procedure by which a civil or criminal case is transferred from a magistrate court to a circuit court. It is typically used when a more serious charge is considered or when the magistrate court lacks the jurisdiction to handle the case. There are two main types of West Virginia Motion: to Transfer to Circuit Court: a Motion to Transfer for Criminal Cases, and a Motion to Transfer for Civil Cases. A Motion to Transfer for Criminal Cases is a motion made by the defendant to transfer a criminal case to the circuit court for further proceedings. The motion must be supported by evidence and/or argument showing that the circuit court has jurisdiction to hear the case. The magistrate court will then consider the motion and issue a ruling either granting or denying the motion. A Motion to Transfer for Civil Cases is a motion made by either the plaintiff or defendant to transfer a civil case to the circuit court for further proceedings. The motion must be supported by evidence and/or argument showing that the circuit court has jurisdiction to hear the case. The magistrate court will then consider the motion and issue a ruling either granting or denying the motion.
West Virginia Motion: to Transfer to Circuit Court
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- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
Rule 9 - Pleading special matters (a)Capacity. - It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
The procedure of Rule 34 shall apply to the request. A party may in a notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.
- (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.
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.