West Virginia Code
Article 4. Rules and Pleading
§56-4-58. Claim in Answer for Affirmative Relief; Special Reply

A defendant in a suit in equity may, in his answer, allege any new matter constituting a claim for affirmative relief in such suit against the plaintiff or any defendant therein, in the same manner and with like effect as if the same had been alleged in a crossbill filed by him therein; and in such case, if the plaintiff or defendant against whom such relief is claimed desire to controvert the relief prayed for in the answer, he shall file a special reply in writing, denying such allegations of such answer as he does not admit to be true, and stating any facts constituting a defense thereto. But in case a defendant allege new matter in his answer upon which he relies for and prays affirmative relief, such defendant shall not file a crossbill in the same cause except upon condition of striking from his answer all such matter and prayer for affirmative relief as are contained in such crossbill.

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