West Virginia Code
Article 4. Depositions and Perpetuation of Testimony
§57-4-6. Taking Deposition After Judgment, Decree or Order; Reading Thereof in Future Trial

In any case wherein there has been a judgment, decree or order from or to which an appeal, writ of error or supersedeas has been or might be allowed, a deposition may be taken for any party to such case, or for or against his or her husband or wife, personal representatives, heirs or devisees in like manner and by such persons as it is before prescribed for pending cases; and it may be read in any future trial that may be directed, if the same could properly be read, had there been no such judgment, decree or order.