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Handbook On the Rules Of Civil Procedure For West Virginia Magistrate Courts
About the Book:
(a) Computation. In computing any time limit set in accordance with these
rules, set by the magistrate, or set by statute:
(1) The day of the act, event or default from which the designated period of
time begins to run should not be included.
(2) The last day of the time period shall be included, unless it is a Saturday,
Sunday, or legal holiday.
(3) When the period of time prescribed or allowed is less than 7 days,
intermediate Saturdays, Sundays and legal holidays shall be excluded in the
(b) Extension. Except as provided in section (c), any time limit which has been
set by these rules, by the magistrate, or by statute, may be extended in the following
(1) If all parties to the case agree in writing to the extension.
(2) If the existing period has not expired, upon a showing of good cause.
(3) If the time period has expired, upon a showing of unavoidable cause.
Prior to ruling upon a request for an extension, the magistrate shall make a
reasonable effort to notify all other parties and provide them with an opportunity to
respond to the request.
(c) Extension Prohibited. Time periods for motions to set aside judgment and
time periods for appeal shall not be extended unless judgment was by default and
either service of process or notice of trial was insufficient.
(d) Additional Time after Service by Mail. When a party has received a notice
or some other paper by mail and in response must take some action within a
specified period from the date of mailing, 3 days shall be added to such period.