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Request to Continue Hearing - West Virginia 2025

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The document BOR-4.4a is a formal request to reschedule a hearing related to a claim, submitted by the involved parties. It outlines the need for postponement and includes spaces for signatures from the pro se claimant, counsel for the claimant, and counsel for the employer.

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What is a request to continue hearing?

A motion for a continuance is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (good cause) for postponing your court date.

What are the three grounds for the motion for reconsideration?

Generally a Motion for Reconsideration is filed under three grounds: The availability of new evidence not previously available; An intervening change in controlling law; or. The need to correct a clear error of law or to prevent manifest injustice.

What is a motion for reconsideration of sentencing?

A Motion for Reconsideration offers a more straightforward approach to modifying a sentence, without the risk of a harsher sentence. It focuses solely on altering the terms of the sentence, such as probation length or fines, rather than overturning the conviction itself.

What is the purpose of the motion to reconsider?

A motion to reconsider either identifies an error in law or fact in a prior Board decision or identifies a change in law that affects a prior Board decision and asks the Board to re-examine its ruling.

How many times can a court case be continued in West Virginia?

The grant or denial of a motion for a continuance rests with the sound discretion of the court, except that a party shall not be granted more than one continuance. The order granting a continuance shall set the continued proceeding for a date certain, within 75 days from the date of the hearing being continued.

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What is a motion for reconsideration in WV?

A motion for reconsideration filed within ten days of judgment being entered suspends the finality of the judgment and makes the judgment unripe for appeal. When the time for appeal is so extended, its full length begins to run from the date of entry of the order disposing of the motion.

What is a motion to reconsider in West Virginia?

Thus, in West Virginia, a motion for reconsideration filed within ten days of judgment being entered suspends the finality of the judgment and makes the judgment unripe for appeal.

Request to Continue Hearing - West Virginia 2025

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