US · rules
S.D. W. Va. LR Civ P 9.5
Motions to Dismiss or Remand
(a) Time for Filing by Commissioner.
No later than 60 days after the plaintiff serves the summons and complaint, the Commissioner may file and serve either:
(1) a motion to dismiss pursuant to FR Civ P 12 and memorandum in support, or
(2) a motion to remand to the Commissioner for further action pursuant to either sentence four or sentence six of 42 U.S.C. § 405(g).
(b) Time for Filing by Plaintiff.
After the Commissioner has filed and served an answer and certified administrative transcript, the plaintiff may file and serve a motion to remand under sentence six of 42 U.S.C. § 405(g) and a memorandum in support of such motion, based on presentation of new and material evidence.
(c) Briefs.
The time periods for filing and serving responses and replies to motions to dismiss or to remand are the same as for briefs.
Provenance
- Source
- www.wvsd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
77cf34fdb503d1dae4a1e44b579d07638559512f436c7e5718ce511338fe9ed3
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.