The clerk of the court in which the case is may issue such scire facias at any time, and an order may be entered at rules for the case to proceed in the name of the proper party, although the case be on the court docket.
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