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Rule 18A. Stay of Execution of Judgment
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10361
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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 18A - Preview Page RULE 18A. STAY OF EXECUTION OF JUDGMENT
Upon timely filing of an appeal or a motion to set aside the judgment, execution of the judgment shall be stayed until the appeal or motion has been decided.
§ 18A Stay of Execution of Judgment
[1] General commentary
Rule 18A is straightforward in stating that a properly filed appeal or motion to set aside a judgment, stays execution of the judgment until the appeal or motion to set aside has been resolved. As written, Rule 18A is self executing. That is, the rule does not expressly require a party file a motion seeking to stay execution of a judgment. Under the rule a stay is automatic upon a party properly filing an appeal or motion to set aside a judgment.
§ 18A.1 Enforcement of Judgments
[1] General commentary
The rules of civil procedure for magistrate courts do not set out matters pertaining to enforcement of judgments rendered in magistrate courts. The mechanisms for enforcing magistrate court judgments is provided for by statute. It is provided under W.Va. Code § 50-6-1(a) that the statutes applicable to enforcing a judgment rendered in circuit court, apply to the enforcement of judgments rendered in magistrate court. The statute states further that process for enforcing a judgment shall issue from magistrate court, but that any process issued in violation of the judgment enforcement statutes shall be void. The statute also provides that
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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