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.
The casebook addresses procedures unique to California practice that are not generally presented in the first-year course in civil procedure.
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Settlement The power to approve settlement of a class action lies within the court's discretion , and such decisions are rarely disturbed on appeal.106 However , some important considerations may restrict judicial discretion .
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36.1 Introduction In March 1994 the Lord Chancellor commissioned Lord Woolf to conduct a review of the civil justice system . In July 1996 Lord Woolf's Final Report , ' Access to Justice ' , was published . The reforms contained in the ...
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The party must display the qualifications of the expert and the court determines whether he or she has the requisite skill and training to render an opinion on whether the bills submitted by medical providers accurately reflect the care ...