West Virginia Sample Letter for Order Granting Directed Verdict

State:
Multi-State
Control #:
US-0370LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Title] [Recipient's Address] [City, State, ZIP] Subject: Order Granting Directed Verdict — [Case Name] Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to request an order granting a directed verdict in the above-mentioned case. As the case has progressed, it has become evident that there is insufficient evidence to support the claims made against my client, and thus, a directed verdict is necessary to ensure justice is served. To provide you with a comprehensive understanding of the circumstances, I have outlined the primary reasons supporting this request: 1. Lack of Sufficient Evidence: Throughout the trial proceedings, the opposing party has failed to present substantial evidence that establishes a valid case against my client. The evidence provided thus far lacks credibility and fails to meet the requisite burden of proof. 2. Legal Precedent: Numerous legal precedents in West Virginia have established that a directed verdict is appropriate when the evidence presented by the plaintiff fails to establish a prima facie case. In line with these precedents, I urge you to grant the directed verdict based on the merits of our specific case. 3. Adhering to the Rule of Law: Granting a directed verdict in this case is essential to uphold the principles of justice and maintain the integrity of the legal system. It prevents the possibility of rendering unjust verdicts based on insufficient evidence, ensuring a fair and unbiased determination of the case. In light of the above-mentioned points, I kindly request that you review the evidence presented thus far and consider granting the directed verdict. This action will save valuable time and resources for both parties involved and avoid any further unnecessary legal proceedings. I am confident that the evidence presented during the trial supports the necessity of a directed verdict in this case. Kindly consider this request promptly and notify the involved parties of your decision accordingly. Should you require any additional information or clarification, please do not hesitate to contact me at [Phone Number] or via email at [Email Address]. I am available to discuss this matter further at your convenience. Thank you for your time and attention to this matter. I look forward to receiving a favorable response soon. Sincerely, [Your Name]

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FAQ

In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

- 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 ...

As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.

For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.

A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion.

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.

- When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires the pleader, he may by leave of court set up the counterclaim by amendment. (g)Cross-claim against co-party.

- 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 ...

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West Virginia Sample Letter for Order Granting Directed Verdict