W. Va. Code R. § 121-1-24

Current through Register Vol. XLI, No. 41, October 11, 2024

Section 121-1-24 - Continuances

24.1. Continuances of hearings. -- Any party may request a continuance of a prehearing conference or evidentiary hearing, either orally, with all parties present, or by written motion. A continuance requested by written motion shall be filed pursuant to Section 19 above. If a party requesting a continuance obtains the consent of all other parties, and so states in their motion, the request will ordinarily be granted, unless the presiding administrative law judge has already advised the parties regarding the availability of further continuances. Continuances where all the parties are not in agreement or that have been filed without allowing the other party or parties an opportunity to respond are looked upon with disfavor. Continuance requests that do not comport with this Section and Section 19 will be treated as an unexcused absence. However, under no circumstance, will an unexcused absence from an evidentiary hearing be allowed.

24.2. Continuances of Status Conferences. -- The OTA will accept a motion to continue a status conference via email. Due to the large number of pro se litigants that appear before the Office of Tax Appeals, parties are generally allowed one unexcused absence from a status conference before this Tribunal will begin the process of dismissing the matter.