West Virginia Code
Article 4. Rules and Pleading
§56-4-40. Commencement of Plea

No formal defense shall be required in a plea. It may commence as follows:"The defendant says that."

Structure West Virginia Code

West Virginia Code

Chapter 56. Pleading and Practice

Article 4. Rules and Pleading

§56-4-1. Rule Days

§56-4-2. Rule Docket

§56-4-3. Rule Entries

§56-4-4. Continuance at Rules in Absence of Clerk

§56-4-5. What Rules May Require

§56-4-6. Time for Appearance; Rule to File Declaration; Nonsuit for Nonprosecution; Damages

§56-4-7. Dismissal for Failure to File Declaration or Bill

§56-4-8. Return to Show Defendant's Nonresidence; Abatement as to Nonresident Not Served

§56-4-9. Minors May Sue by Next Friend or Guardian; Substitution of Plaintiffs

§56-4-10. Guardian Ad Litem

§56-4-11. Transfer of Cases From Law to Equity and Vice Versa

§56-4-12. Abatement for Want of Form in Declaration

§56-4-13. Unnecessary Averments in Trespass on the Case

§56-4-14. Allegations of Place Where Contract Was Made or Act Done

§56-4-15. Averments as to Jurisdiction; Profert; Oyer

§56-4-16. Allegations Not Traversable nor Requiring Proof

§56-4-17. Form of Declaration or Count on Insurance Policy

§56-4-18. Filing Account in Assumpsit

§56-4-19. Statement of Particulars of Claim

§56-4-20. Statement of Particulars of Defense

§56-4-21. Plea in Action on Insurance Policy; Statement Specifying Particular Defense

§56-4-22. Same -- Joinder in Issue; Statement Specifying Matter in Waiver, Estoppel or Confession and Avoidance

§56-4-23. Failure to File Statement; Insufficient Statement; Amendment; Exclusion of Evidence of Party in Default; Sufficiency of Statement

§56-4-24. Right to Amend in General

§56-4-25. Amended Declaration or Bill, Supplemental Bill or Bill of Revivor in Vacation

§56-4-26. Amendment After Demurrer Is Sustained

§56-4-27. Amendment to Cure Variance Between Pleading and Proof

§56-4-28. Continuance and Costs After Amendment

§56-4-29. Plea in Abatement -- Misnomer; Amendment Inserting Correct Name

§56-4-30. Same -- Plea in Abatement for Defects in Writ or Return; Variance From Declaration; Void Process

§56-4-31. Same -- Plea in Abatement for Want of Jurisdiction

§56-4-32. Same -- Verification of Plea in Abatement and of Non Est Factum; May Be Pleaded and Verified by Attorney or Agent of Defendant

§56-4-33. Same -- Time for Filing Plea in Abatement

§56-4-34. Misjoinder and Nonjoinder of Parties

§56-4-35. Verdict and Judgment as to Particular Defendants; Costs

§56-4-36. Scope of Demurrer; Objections to Filing of Pleadings for Insufficiency Abolished; Form, Grounds and Argument

§56-4-37. Defects Disregarded on Demurrer

§56-4-38. Pleading in Abatement and in Bar at Same Time; Trial of Issues

§56-4-39. Pleading Several Defenses; Demurrer and Special Replications to Special Plea

§56-4-40. Commencement of Plea

§56-4-41. Unnecessary Allegations in Pleas, etc.

§56-4-42. Omission of Protestation

§56-4-43. Conclusion of Traverse

§56-4-44. When Parties May Proceed Without Similiter or Joinder in Demurrer

§56-4-45. Unnecessary Allegations in Second or Other Plea

§56-4-46. Pleading Denying Execution of Writing or Entry or Genuineness of Judgment or Decree

§56-4-47. Plea Denying Partnership; Form of Denial of Corporate Existence

§56-4-48. Judgment or Decree by Confession

§56-4-49. Failure to Plead, Answer or Demur; Rule to Plead; Conditional Judgment or Decree Nisi; Judgment or Decree by Default; Order for Inquiry of Damages

§56-4-50. When Inquiry of Damages Unnecessary

§56-4-51. Office Judgment; Affidavits by Plaintiff and Defendant; Judgment

§56-4-52. Setting Aside Office Judgment; Trial

§56-4-53. Hearing as to Defendants Served; Discontinuance

§56-4-54. Form of Bill of Complaint

§56-4-55. Jury Trial of Issue Upon Plea in Equity

§56-4-56. Argument of Plea or Demurrer in Equity; Time to Answer After Demurrer Overruled; Proceeding on Default; Status of Answer Filed in Vacation

§56-4-57. Time to Answer in General

§56-4-58. Claim in Answer for Affirmative Relief; Special Reply

§56-4-59. Answer Asking Affirmative Relief Equivalent to Crossbill

§56-4-60. Admissions in Equity by Failure to Deny

§56-4-61. Proof of Allegations Denied by Answer

§56-4-62. Verification of Pleadings in Equity

§56-4-63. Appearance of Corporation by Attorney; Verification of Pleading of Corporation

§56-4-64. Form of Verification of Pleading

§56-4-65. Exceptions to Answers for Insufficiency Abolished; Test by Demurrer; Amended Answer; Procedure if Amended Answer Is Insufficient

§56-4-66. Attachment or Order to Answer Interrogatories

§56-4-67. Insufficient Answer After Rule

§56-4-68. Setting Cause in Equity for Hearing

§56-4-69. Hearing as to One Defendant; Rule to Mature Cause

§56-4-70. Control by Court Over Proceedings in Office During Vacation

§56-4-71. Pleadings and Proof in Actions on Bonds, Notes or Other Evidences of Debt Subject to Taxation