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Rule 17. Setting Aside Judgment
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ISBN:
Published On:
Updated On:
10359
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Originally from:
Handbook On the Rules Of Civil Procedure For West Virginia Magistrate Courts - Hardcover Version
Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts - PDF Version
Rule 17 - Preview Page (a) Within 20 days after judgment is entered, any dissatisfied party may file a motion requesting that the judgment be set aside and a new trial held.
(b) The magistrate shall promptly schedule a hearing on the motion. The clerk, deputy clerk or magistrate assistant shall notify all parties of the time, place and date set for hearing on the motion.
(c) If good cause is shown by the party making the motion, the magistrate who entered the judgment or such magistrate’s successor may set aside the judgment and order a new trial. The magistrate’s decision on the motion shall be in writing. The clerk shall immediately notify all parties of the magistrate’s decision.
(d) Except as stated in (e), good cause may be shown by, but is not limited to, any of the following circumstances:
(1) There is newly discovered evidence that could have a substantial effect on the outcome of the case;
(2) Important evidence was hidden from the court by the opposing party in whose favor judgment was rendered;
(3) The verdict is clearly excessive and cannot be supported by the evidence;
(4) There was a material mistake in the application of the law.
(e) Where judgment is entered by default, good cause may be shown by either excusable neglect or unavoidable cause.
About the Authors:
Justice Robin Jean Davis was engaged in the private practice of law in the state of West Virginia from 1982 until 1996. In 1996, she was elected as a Justice to the West Virginia Supreme Court of Appeals to fill an unexpired term. She was re-elected in November 2000. Justice Davis served as Chief Justice in 1998, 2002, 2006, 2007, and 2010. Justice Davis is the author of several West Virginia Law Review articles, including: "A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles from His Opinions as a Justice on the West Virginia Supreme Court of Appeals"; "A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles from Opinions Written by Justice McHugh"; "An Analysis of the Development of Admitting Expert Testimony in Federal Courts and the Impact of That Development on West Virginia Jurisprudence"; and is the co-author with Louis J. Palmer, Jr. of "Workers' Compensation Litigation in West Virginia: Assessing the Impact of the Rule of Liberality and the Need for Fiscal Reform." In addition, Justice Davis is the co-author with Franklin D. Cleckley and Louis J. Palmer, Jr. of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).
Louis J. Palmer, Jr. has been a staff attorney on the West Virginia Supreme Court of Appeals since 1996. He has authored several books that include: Encyclopedia of Abortion in the United States (2d ed. 2008); Encyclopedia of Capital Punishment in the United States (2d ed. 2008); Racism in America: A Guide to Understanding Discrimination (2006); and Encyclopedia of DNA and the United States Criminal Justice System (2004). In addition, Mr. Palmer is the co-author with Franklin D. Cleckley and Robin Jean Davis of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).
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