All causes in which orders of dismissal have been made, or orders of nonsuit entered, which orders have been set aside and causes reinstated, shall remain upon the docket and be proceeded with in the same manner as if the order had never been made. But no such cause shall be brought to trial, or proceeded in, until the defendant therein shall have had at least twenty days' personal notice in writing, or, if he be a nonresident, by publication that such cause has been reinstated on the docket as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the action is pending.
Structure West Virginia Code
Chapter 56. Pleading and Practice
Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties
§56-8-2. Death of Joint Party; Revival of Pending Suit or Action
§56-8-3. Marriage of Female Party
§56-8-5. Scire Facias or Motion for Revival; Continuance
§56-8-6. Time for Issuance of Scire Facias; Entering Order at Rules
§56-8-7. Proceedings After Revival Against Defendant Whose Powers Cease
§56-8-8. When Suit Discontinued Unless Revived
§56-8-9. Discontinuance for Failure to Prosecute or Pay Court Costs
§56-8-10. Death of One of Numerous Parties in Equity
§56-8-11. Death of Trustee and Appointment of Substitute in Pending Suit