W. Va. Code R. § 187-3-10

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 187-3-10 - Motion Practice

10.1. Any person who files a motion to dismiss, a motion for more definite statement, motion to strike, or any other motion shall deliver to the presiding officer, the officer designated to maintain the record, and to all other parties who may be affected a copy of the motion and a memorandum in support of such motion which sets forth the factual and legal basis of such motion. Failure to provide a memorandum in support of the motion may result the denial of such motion without hearing.

10.2. Any person who may be affected by a motion by another party should file a response to such motion within fourteen days after service of such motion by filing a memorandum setting forth such party's legal and factual position. Any failure to file a response or memorandum may be deemed a waiver of right to oppose such motion and may result in the entry of the motion as prayed.

10.3. The presiding officer may rule on such motions with or without hearing. Setting a hearing on such motions shall be in the discretion of the presiding officer.

W. Va. Code R. § 187-3-10