A defendant in a civil action may file a counterclaim and if such counterclaim arises from the same transaction or occurrence that is the subject matter of the initial claim they shall be tried together. The failure to institute a counterclaim permitted by this section shall not preclude the institution of an action on such claim at a later date. The adjudication of the original claim shall not constitute res judicata as to any such permitted counterclaim nor shall it act as an estoppel as to such permitted counterclaim.
Structure West Virginia Code
Article 4. Procedure Before Trial
§50-4-1. Commencement of Civil Actions
§50-4-2. Commencement of Criminal Prosecutions
§50-4-3. Appointment of Counsel in Criminal Proceeding
§50-4-4. Long-Arm Jurisdiction; Manner of Service in Civil Cases
§50-4-4a. Appearance in Civil Cases
§50-4-5. Return Date in Civil Action; Setting of Trial Date; Failure to Appear or Notify
§50-4-6. Return Date in Criminal Proceedings; Setting Trial Date
§50-4-7. Disqualification of Magistrate
§50-4-8. Removal to Circuit Court
§50-4-10. Default Judgment; Confession of Judgment
§50-4-11. Dismissal of Actions for Lack of Jurisdiction
§50-4-12. Dismissal of Actions for Failure to Appear, Testify, etc.