Litigation Handbook on West Virginia Rules of Civil Procedure - Fourth Edition

Litigation Handbook on West Virginia Rules of Civil Procedure - Fourth Edition PDF

Author: Franklin D. Cleckley

Publisher: Juris Publishing, Inc.

Published: 2015-01-01

Total Pages: 1801

ISBN-13: 157823364X

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January 2015 Cumulative Pocket Part The Litigation Handbook On West Virginia Rules of Civil Procedure - Fourth Edition provides a meaningful and thorough starting point for any practitioner seeking a fundamental understanding of the application of the West Virgina rules of civil procedure. For ease and convenience, the material in this new Handbook has been organized to correspond with actual rule citations. For example, § 12(b)(6) of the Handbook corresponds with Rule 12(b)(6) of the rules of civil procedure. Therefore, if a practitioner knows the particular rule citation under consideration, he or she need only find the corresponding section citation in this Handbook for a discussion of the particular rule. The Fourth Edition cites per curiam opinions issued by the state Supreme Court and also provides federal case law construing the federal rules of civil procedure. As the practitioner knows, West Virginia's rules of civil procedure are patterned after the federal rules. With this knowledge in mind, the Handbook offers as persuasive authority federal decisions construing the federal rules. As a practical matter, the Handbook limits its use of federal case law to areas that the state Supreme Court has not issued controlling opinions upon. This Handbook is an invaluable tool for both the bench and bar. Order Litigation Handbook on West Virginia Rules of Civil Procedure Fourth Edition for your office today!

Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts

Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts PDF

Author: Louis J. Palmer, Jr.

Publisher: Juris Publishing, Inc.

Published: 2010-07-01

Total Pages: 402

ISBN-13: 1578232740

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The Rules of Civil Procedure for the Magistrate Courts of West Virginia were promulgated by the Supreme Court on June 22, 1988. This Handbook provides guidance on how those rules should be applied. In addition, this Handbook provides guidance on how to apply legislative procedural statutes that are applicable to magistrate courts. It must be emphasized that this Handbook is only a reference tool, it does not purport to be the “law.” The magistrate court system replaced the justice of the peace courts, pursuant to Article VIII, § 15 of the state constitution, on January 1, 1977. During the long period in which the justice of the peace court system was in place, a rich body of case law was created. Whenever possible this Handbook references to case law decided for justice of the peace courts, as illustrative on how specific issues should be handled by magistrates. In addition, the Handbook provides case law guidance on issues decided under the rules of civil procedure for circuit courts. This Handbook is intended to be user-friendly. In doing so, the material in this Handbook has been arranged under each Rule that is set out in the Rules of Civil Procedure for the Magistrate Courts. To the extent that the Handbook covers procedural matters only found in statutes and other administrative rules promulgated by the Supreme Court, such matters have been set out near closely related Rules.

Litigation Handbook on West Virginia Rules of Civil Procedure

Litigation Handbook on West Virginia Rules of Civil Procedure PDF

Author: Robin J. Davis

Publisher:

Published: 2002-01-01

Total Pages: 1350

ISBN-13: 9781578231089

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Hardcover. Table of Cases and Statutes. Index. The Handbook provides a meaningful and thorough starting point for researching the West Virginia Rules of Civil Procedure. The Handbook represents an invaluable tool for the bench and bar in obtaining a fundamental understanding of the application of the rules of civil procedure. Several substantive matters regarding this Handbook require noting. First, the material in this Handbook has been organized so as to correspond with actual rule citations. For example, ' 12(b)(6) of the Handbook corresponds with Rule 12(b)(6) of the rules of civil procedure. Therefore, if a practitioner knows the particular rule citation under consideration, he or she need only find the corresponding section citation in this Handbook for a discussion of the particular rule. Next, the Handbook does not cite any per curiam opinion issued by the state Supreme Court. The Supreme Court has, in many of its opinions, made clear that it is not amenable to per curiam opinions being cited as controlling or persuasive authority. For this reason, the Handbook omits references to per curiam opinions. Finally, the Handbook provides federal case law construing the federal rules of civil procedure. As the practitioner knows, West Virginias rules of civil procedure are patterned after the federal rules. With this knowledge in mind, the Handbook offers as persuasive authority federal decisions construing the federal rules. The Litigation Handbook on West Virginia Rules of Civil Procedure will prove to be an invaluable resource for both the practitioner and the bench alike.

Representing Yourself in Federal Court

Representing Yourself in Federal Court PDF

Author: United States Disctrict Court

Publisher: Createspace Independent Publishing Platform

Published: 2017-08-04

Total Pages: 76

ISBN-13: 9781974174607

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This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.

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