W. Va. Code R. § 93-1-12

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 93-1-12 - Motions, Objections, and Correspondence
12.1. General

A copy of all correspondence, motions, objections or other documents provided to the Office of Judges regarding any issue in litigation shall be provided to all counsel of the other parties (or to the party if not represented by counsel). Some indication that copies were provided to all other parties must accompany the documents provided to the Office of Judges. Members of the West Virginia Bar must provide his or her Bar membership number with any correspondence, filings, motions, objections, or other documents.

12.2. Motions or Objections in Writing

Any motion or objection may be made in writing. The motion shall clearly set forth all grounds, facts, and authorities in support of the motion. Any response by an opposing party shall be filed in writing with the Office of Judges within fifteen (15) days of receipt of the motion, and shall set forth all matters in opposition to the motion.

12.3. Motions or Objections During Hearing

A motion or objection may be made on the record, orally or in writing. The motion shall clearly set forth all grounds, facts and authorities in support of the motion. The opposing party, if present, shall have the right to set forth matters in opposition to such motion on the record. The absence of a party shall not be grounds for delay in ruling upon any motion, or grounds for reconsideration of any ruling made, absent a written motion for reconsideration and an affirmative showing of good cause for such nonappearance by the opposing party.

12.4. Rulings Interlocutory in Nature

All rulings upon motions shall be interlocutory in nature and may not be appealed except in conjunction with a final decision unless specifically noted otherwise in the ruling on the motion.

W. Va. Code R. § 93-1-12