[PDF] Amendments To West Virginia Rules Of Civil Procedure eBook

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Litigation Handbook on West Virginia Rules of Civil Procedure

Author : Robin J. Davis
Publisher :
Page : 1350 pages
File Size : 48,34 MB
Release : 2002-01-01
Category : Civil procedure
ISBN : 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.