W. Va. R. Leg. Claims Comm. R. 9

As amended through January 31, 2024
Rule 9 - CONTINUANCES; DISMISSAL FOR FAILURE TO PROSECUTE
1.
(a.) After claims have been set for hearing, continuances are looked upon by the Commission with disfavor but may be allowed when good cause is shown.
(b.) A party desiring a continuance shall file a motion showing good cause therefor at the earliest possible date.
(c.) Whenever any claim has been docketed for hearing for three regular terms of the Commission at which the claim might have been prosecuted, and the State shall have been ready to proceed with the trial thereof, the Commission may, upon its own motion or that of the State, dismiss the claim unless good cause appear or be shown by the claimant why such claim has not been prosecuted.
(d.) Whenever a claimant shall fail to appear and prosecute the claim on the day set for hearing and shall not have communicated with the Clerk prior thereto, advising of an inability to attend and the reason therefor, and, if it further appear that the claimant or claimant's counsel had sufficient notice of the docketing of the claim for hearing, the Commission may, upon its own motion or that of the State, dismiss the claim.
(e.) Within the discretion of the Commission, no order dismissing a claim under either or the two preceding sections of this rule shall be vacated nor such claim be reinstated except pursuant to a motion in writing filed no later than thirty (30) days from the date the notice of the dismissal shall have been sent to claimant or claimant's counsel of record.

W. Va. R. Leg. Claims Comm. R. 9