vacating a judgment after a year

notarw

New Member
I was in the process of working on my brief for the appeal and I am ill and had many unforeseeable events to take place , I filed for an extension and it was well before the expiration of my due date, I never heard back until a month later , at the time my brief was already due, and the order stated your motion for extension is refused and the dismissal from the docket, what can I do so that I can have my brief heard as I have been working on this for a long time and I am ill, do I motion for reconsideration, or to vacate or to reinstate?
 
I was in the process of working on my brief for the appeal and I am ill and had many unforeseeable events to take place , I filed for an extension and it was well before the expiration of my due date, I never heard back until a month later , at the time my brief was already due, and the order stated your motion for extension is refused and the dismissal from the docket, what can I do so that I can have my brief heard as I have been working on this for a long time and I am ill, do I motion for reconsideration, or to vacate or to reinstate?


You can try, but civil and criminal procedure rules are extremely firm.

It also depends if this is a civil court, family court, or criminal court matter.

In some cases, timeliness for all motion is suspended during the pendency of an appeal.

I wish you luck, but the bell may have peeled on this one.


http://www.wisegeek.org/what-is-a-motion-for-reconsideration.htm

http://www.courtswv.gov/legal-community/court-rules/Family-Court/orders.html

http://www.pds.wv.gov/Criminal-Law-Research-Center/publications/Documents/Motion Manual, 2nd.pdf

http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=51&art=2A&section=10
 
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