Delbert Nutter v. Honorable Elliott E. Book Reviews

Delbert Nutter v. Honorable Elliott E. by Supreme Court of Appeals of West Virginia Book Summary

1. If a party believes insufficient answers are given to interrogatories served under W.Va. R. Civ. P. 26(b)(4)(A)(i), the
proper procedure under the rule is to file a motion to compel more complete answers pursuant to W.Va. R. Civ. P. 37(a)(2).
Although a trial Judge does have discretion to compel "discovery by other means" pursuant to 26(b)(4)(A)(ii) in some circumstances,
such circumstances do not exist where the means available under the clear terms of the rule have not been exhausted. 2. "It is well settled as a general rule that the question of continuance is in the sound discretion of the trial court,
which will not be reviewed by the appellate court, except in case it clearly appears that such discretion has been abused."
Syl. Pt. 1, Levy v. Scottish Union & National Ins. Co., 58 W.Va. 546, 52 S.E. 449 (1905).

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