Can I request a trial by written declaration in small claims court?

Yes, you can request a trial by written declaration in small claims court in West Virginia. In West Virginia, written declarations are an alternative to a traditional court hearing, meaning there is no need to appear in person. Instead, both parties submit written declarations explaining their positions and the court makes a decision based on the written documents. To request a trial by written declaration, you must file a written notice with the court which will include a declaration of the facts of the case as well as any relevant documents. In addition, you must also provide a copy of the notice to the other party. Once you have filed your notice, the other party will have 14 days to file their own notice and declaration. The court will then review the written declarations and make a decision regarding the outcome of the case. In most cases, the court will issue a decision within 30 days. However, if the court believes that more information is needed, then they may request a hearing. In such cases, the court will issue a notice and both parties will appear before the court to present their case. Overall, requesting a trial by written declaration is an alternative option for those who do not wish to appear in person. You can take advantage of this option by filing a written notice with the court and providing a copy to the other party. Once the court has received both declarations, they will make a decision within 30 days, unless a hearing is deemed necessary.

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