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Rule 9. Filing of Pleadings, Motions and Other Papers
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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 9. Filing of Pleadings, Motions and Other Papers - Preview Page
(a) When Filing Is Required. The originals of all papers subsequent to the answer which are required to be served upon a party pursuant to Rule 8 shall be filed with the clerk, deputy clerk, or magistrate assistant within 5 days after they have been served.
(b) Certificate of Service. There shall be attached to every such paper a statement by the attorney or by the party that the paper was served in the manner prescribed by Rule 8, setting forth the date and manner of such service.
§ 9 Filing Documents with Court
[1] General commentary
Rule 9 sets out the requirements for filing documents with the court and use of a certificate of service. Both matters are addressed separately in the subsections that follow.
§ 9(a) When Filing Required
[1] General commentary
Rule 9(a) states that the originals of all papers subsequent to the answer, which are required to be served upon a party pursuant to Rule 8, must be filed with the clerk, deputy clerk, or magistrate assistant within 5 days after they have been served.1
Rule 9(a) abrogates historic requirements for admitting material to the record by order or bills of exception, and permits papers to be added to the record by a party by simply filing them with the magistrate clerk, deputy clerk, or magistrate assistant for inclusion in the record.2 It is contemplated by Rule 9(a) that filing will
generally take place directly with the magistrate clerk, deputy clerk, or magistrate assistant. Service of papers for filing with the magistrate clerk, deputy clerk, or magistrate assistant should be restricted to their official office. Rule 9(a) envisions papers being tendered to a magistrate clerk, deputy clerk, or magistrate assistant, not placement of papers under the office door of the magistrate clerk, deputy clerk, or magistrate assistant. Mailing papers to the office of the magistrate clerk, deputy clerk, or magistrate assistant for filing is contemplated by Rule 9(a). However, mailing under Rule 9(a) is not complete for filing purposes until the magistrate clerk, deputy clerk, or magistrate assistant actually receives the papers.
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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