TRY ME!
Motion To Dismiss Guide
Summary
In west virginia, you can file a motion to dismiss a wrongfully filed case under rule 12(b) or vacate a judgment under rule 60(b). If successful, evidence from the case may be used in other cases, subject to admissibility rules. To strike frivolous evidence, draft and file a motion, serve it to the opposing party, and attend a hearing. Check the west virginia judiciarys website or local law libraries for sample motion documents. Consult a legal expert for specific guidance.Full Conversation
Hello my name is Rhett
Hi Rhett! How can I assist you with your legal issue today?
I recently beat a civil case that said i was already under a protective order when i was not. Is there a motion to dismiss the case due to wrongfully filed active protective order?
Hi Rhett! Congratulations on winning your case. In West Virginia, you may be able to file a motion to dismiss the case if it was wrongfully filed based on an incorrect protective order.
- West Virginia Rule of Civil Procedure *(b) allows for dismissal due to lack of jurisdiction or failure to state a claim.
- Motion to Vacate Judgment under Rule *(b) can be filed if the judgment was based on a mistake.
Would you like to know more about the process of filing these motions?
- West Virginia Rule of Civil Procedure *(b) allows for dismissal due to lack of jurisdiction or failure to state a claim.
- Motion to Vacate Judgment under Rule *(b) can be filed if the judgment was based on a mistake.
Would you like to know more about the process of filing these motions?
Yes
Great! Here are some steps you might need to follow to file these motions:
*. Drafting the Motion: Clearly state the reasons for dismissal or vacating the judgment.
*. Filing the Motion: Submit the motion to the court where the original case was heard.
*. Serve the Motion: Serve a copy of the motion to the opposing party.
*. Hearing: Attend the hearing scheduled by the court to present your case.
Would you like more detailed information on any of these steps?
*. Drafting the Motion: Clearly state the reasons for dismissal or vacating the judgment.
*. Filing the Motion: Submit the motion to the court where the original case was heard.
*. Serve the Motion: Serve a copy of the motion to the opposing party.
*. Hearing: Attend the hearing scheduled by the court to present your case.
Would you like more detailed information on any of these steps?
So i would have to go back to court to prove the paper work was wrongfully filed?
Case Rating: *
Yes, you would need to go back to court to present evidence that the paperwork was wrongfully filed. This involves attending a hearing where you can explain your case to the judge and demonstrate the mistake.
Is there any specific step in the process you need more information on?
Yes, you would need to go back to court to present evidence that the paperwork was wrongfully filed. This involves attending a hearing where you can explain your case to the judge and demonstrate the mistake.
Is there any specific step in the process you need more information on?
If the motion is successful. Can any evidence submitted in the case be used in any other pending cases?
Case Rating: *
In West Virginia, if your motion is successful, the evidence submitted in your case can potentially be used in other pending cases. However, the admissibility of that evidence will depend on the specific rules and circumstances of the other cases. You would need to consult with a legal expert to understand the implications better.
Is there another aspect of your case you need help with?
In West Virginia, if your motion is successful, the evidence submitted in your case can potentially be used in other pending cases. However, the admissibility of that evidence will depend on the specific rules and circumstances of the other cases. You would need to consult with a legal expert to understand the implications better.
Is there another aspect of your case you need help with?
The petitioner threw frivolous evidence into the civil hearing that is intended to be used in a criminal case, but the civil case proceeded under false pretenses.
Case Rating: *
The use of frivolous evidence in a civil case that is intended for a criminal case can be problematic. You might want to consider filing a motion to strike the frivolous evidence or addressing this issue in the criminal case.
Would you like more information on how to file a motion to strike or address this evidence in the criminal case?
The use of frivolous evidence in a civil case that is intended for a criminal case can be problematic. You might want to consider filing a motion to strike the frivolous evidence or addressing this issue in the criminal case.
Would you like more information on how to file a motion to strike or address this evidence in the criminal case?
How may i file a motion to strike evidence from civil case transcripts
Case Rating: *
To file a motion to strike evidence from civil case transcripts in West Virginia, follow these steps:
*. Draft the Motion: Clearly state the evidence you want to strike and the reasons why.
*. File the Motion: Submit it to the court where the civil case was heard.
*. Serve the Motion: Serve a copy to the opposing party.
*. Attend the Hearing: Present your arguments to the judge.
Do you need more detailed information on any of these steps?
To file a motion to strike evidence from civil case transcripts in West Virginia, follow these steps:
*. Draft the Motion: Clearly state the evidence you want to strike and the reasons why.
*. File the Motion: Submit it to the court where the civil case was heard.
*. Serve the Motion: Serve a copy to the opposing party.
*. Attend the Hearing: Present your arguments to the judge.
Do you need more detailed information on any of these steps?
Do you know where i can find already drafted motion paperwork for the state of West virginia
Case Rating: *
To find already drafted motion paperwork for West Virginia, you can check the following resources:
- West Virginia Judiciary's official website: They often provide templates and forms.
- Local law libraries: They may have sample documents.
- Online legal document services: Websites like LegalZoom or Rocket Lawyer.
Would you like more information on any specific step or assistance with another legal issue?
To find already drafted motion paperwork for West Virginia, you can check the following resources:
- West Virginia Judiciary's official website: They often provide templates and forms.
- Local law libraries: They may have sample documents.
- Online legal document services: Websites like LegalZoom or Rocket Lawyer.
Would you like more information on any specific step or assistance with another legal issue?
Start a new chat