W. Va. Code R. § 102-1-12

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 102-1-12 - Motions, Objections, and Correspondence

12.1. A copy of all correspondence, motions, objections or other documents provided to the Board of Review regarding any issue in litigation shall be provided to all counsel of the other parties (or to the party if not represented by counsel). Some indication that copies were provided to all other parties must accompany the documents provided to the Board of Review. A member of the West Virginia State Bar must provide his or her Bar membership number with any correspondence, filings, motions, objections, or other documents.

12.2. Motions or objections in writing. With the exception of motions and objections that are presented orally during a hearing, all motions and objections shall be made in writing. The motion shall clearly set forth all grounds, facts, and authorities in support of the motion. Any response by an opposing party to a written motion shall be filed in writing with the Board of Review within fifteen (15) days of receipt of the motion and shall set forth all matters in opposition to the motion.

12.3. Motions or objections during hearing. A motion or objection may be made on the record, orally or in writing. The motion shall clearly set forth all grounds, facts, and authorities in support of the motion. The opposing party, if present, shall have the right to set forth matters in opposition to such motion on the record. The absence of a party shall not be grounds for delay in ruling upon any motion, or grounds for reconsideration of any ruling made, absent a written motion for reconsideration and an affirmative showing of good cause for such nonappearance by the opposing party.

12.4. All rulings upon motions shall be interlocutory in nature and may not be appealed except in conjunction with a final decision unless specifically noted otherwise in the ruling on the motion.

W. Va. Code R. § 102-1-12