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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
computation.
(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
circumstances:
(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.
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).