How do I file a motion in small claims court?
Filing a motion in small claims court in West Virginia requires that you have a legal basis for bringing a claim. To start, you must file a complaint in the county court that explains your case and the relief you are seeking. The court will then issue a summons. The summons and complaint must be served on the defendant. Once the defendant has been served, you must file a motion in the court. A motion is essentially a written request that asks the court to rule on an issue in your case. Some common motions filed in small claims court include motion to dismiss, motion to stay proceedings, and motion for summary judgment. Before you can file your motion, you must make sure that you have all the relevant facts in your favor. This means gathering evidence, including any documents or witnesses needed to prove your case. You must also make sure that the motion is properly written and served on the other party before you can file it with the court. Once your motion has been filed, the court will set a date for a hearing. During the hearing, you will present your argument and the court will hear arguments from both sides. If the court decides in your favor, the ruling will be entered into the court record. If the court finds against you, you may be able to appeal the decision.
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