West Virginia Code
Article 17. Procedures for Certain Actions Against the State
§55-17-4. Procedures Pending Action

Notwithstanding any other provisions of law to the contrary:
(1) A government agency shall be allowed sixty days to serve an answer to a complaint or petition for which a summons has been issued and served upon a government agency;
(2) Judgment by default may not be entered against a government agency in an action as defined in section two of this article unless the court, after a hearing on a motion for default judgment, finds that the government agency clearly intends to fail to appear, plead or otherwise defend in the action; and
(3) No government agency may be ordered to pay punitive damages in any action.