§ 51-2A-10 — Motion for reconsideration of family court order

West Virginia § 51-2A-10

• Jurisdiction: West Virginia
• Ch. 51: COURTS AND THEIR OFFICERS
• Art. 2A: FAMILY COURTS

Text

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was submitted to the court for decision; (3) fraud, misrepresentation or other misconduct of an adverse party; (4) clerical or other technical deficiencies contained in the order; or (5) any other reason justifying relief from the operation of the order.

(b) A motion for reconsideration must be filed with the clerk of the circuit court within a reasonable time and for reasons set forth in subdivision (1), (2) or (3), subsection (a) of this section, not more than one year after the order was entered and served on the other party in accordance with rule 5 of the rules of civil procedure. The family court must enter an order ruling on the motion within thirty days of the date of the filing of the motion.

Legislative History

2004 Reg. Sess., HB3052; 2003 Reg. Sess., HB3052; 2001 Reg. Sess., HB2199; 2001 Reg. Sess., SB437; 2001 Reg. Sess., SB5007