West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale

§55-2-1a. Ownership or Possession of Surface of Lands After Severance of Minerals Not Adverse to Owner of Minerals - Whenever title to any minerals in land and the rights...

§55-2-2. Claim Not to Preserve Right as to Lands - No continual or other claim upon or near any land...

§55-2-3. Entry Upon or Recovery of Lands by Persons Under Disability - If at the time at which the right of any...

§55-2-4. Limitations Upon §55-2-3 - The preceding section is subject to these provisos: That no...

§55-2-5. Enforcement of Liens Reserved by Conveyance or Created by Deed of Trust or Mortgage on Real Estate - (a) Any lien reserved by any conveyance of real estate...

§55-2-6. Actions to Recover on Award or Contract Other Than Judgment or Recognizance - Every action to recover money, which is founded upon an...

§55-2-6a. Deficiencies, Injuries or Wrongful Death Resulting From Any Improvements to or Survey of Real Property; Limitation of Actions and Suits - No action, whether in contract or in tort, for indemnity...

§55-2-7. Actions on Bonds of Personal Representatives and Fiduciaries - The right of action upon the bond of an executor,...

§55-2-8. Acknowledgment by New Promise - If any person against whom the right shall have so...

§55-2-9. Effect of Acknowledgment by Personal Representative or Joint Contractor - No acknowledgment or promise by any personal representative of a...

§55-2-10. Effect of Devise for Payment of Debts - No provision in the will of any testator devising his...

§55-2-11. Action or Scire Facias on Recognizance - Every action or scire facias upon a recognizance shall, if...

§55-2-12. Personal Actions Not Otherwise Provided For - Every personal action for which no limitation is otherwise prescribed...

§55-2-13. Foreign Judgments and Decrees - Every action or suit upon a judgment or decree rendered...

§55-2-14. Suit to Repeal Land Grant - A bill in equity to repeal, in whole or in...

§55-2-15. Special and General Savings as to Persons Under Disability - (a) A personal action for damages resulting from sexual assault...

§55-2-16. Death Before Right to Sue - If a person die before the time at which any...

§55-2-17. When Suit Prevented by Defendant; Actions on Foreign Contracts - Where any such right as is mentioned in this article...

§55-2-18. Extension of Period for New Action After Dismissal or Reversal Where the Action Is Timely Filed - (a) For a period of one year from the date...

§55-2-19. Application of Statute of Limitation to State - Every statute of limitation, unless otherwise expressly provided, shall apply...

§55-2-19a. Collection of Taxes Due State or Any Subdivision Thereof - Every action or process to collect any tax (other than...

§55-2-20. Limitations Applicable to Proceedings Pending or Rights of Action Accruing Before Effective Date of Code - No action, suit, scire facias, or other proceeding, which may...

§55-2-21. Statutes of Limitation Tolled on Claims Assertible in Civil Actions When Actions Commence - (a) After a civil action is commenced, the running of...

§55-2-22. Effect of Bankruptcy - The running of any statute of limitation shall be tolled...

Article 2A. Limitation on Foreign Claims

§55-2A-1. "Claim" Defined - As used in this article, "claim" means any right of...

§55-2A-2. Period of Limitation - The period of limitation applicable to a claim accruing outside...

§55-2A-3. Applicability - The periods of limitation prescribed in this article apply only...

§55-2A-4. Construction - This article shall be so construed as to effectuate its...

§55-2A-5. Citation - This article may be cited as the "Uniform Statute of...

§55-2A-6. Repeal - All laws and parts of laws inconsistent herewith are hereby...

Article 3. Unlawful Entry or Detainer

§55-3-1. Issuance of Summons - If any forcible or unlawful entry be made upon any...

§55-3-2. Assessment of Damages - If the plaintiff file with the summons a statement of...

§55-3-3. Return Day and Service of Summons; Plea; Issue and Trial - The summons may be returnable to, and the case heard...

§55-3-4. Period of Limitation; Verdict and Judgment - If it appear that the plaintiff was forcibly or unlawfully...

§55-3-5. Judgment Not a Bar to Action of Ejectment; Verdict Not Conclusive of Facts in Future Action; Allowance for Improvements Not Precluded - No such judgment shall bar any action of ejectment between...

§55-3-6. Equitable Defenses; Adverse Possession - All the provisions of sections eleven, twelve, thirteen and sixteen...

Article 3A. Remedies for Wrongful Occupation of Residential Rental Property

§55-3A-1. Petition for Summary Relief for Wrongful Occupation of Residential Rental Property - (a) A person desiring to remove a tenant from residential...

§55-3A-2. Defenses Available - In a proceeding under the provisions of this article, a...

§55-3A-3. Proceedings in Court; Final Order; Disposition of Abandoned Personal Property - (a) If at the time of the hearing there has...

Article 3B. Remedies for Wrongful Occupation of Factory-Built Home Site

§55-3B-1. Definitions - For the purposes of this article, unless expressly stated otherwise:...

§55-3B-2. Tenancy of Factory-Built Home Site - (a) The tenancy of the site of a factory-built home...

§55-3B-3. Termination of Tenancy - (a) Except for termination for good cause, the tenancy of...

§55-3B-4. Petition for Summary Relief for Wrongful Occupation of Residential Rental Property - (a) A person desiring to remove a tenant and factory-built...

§55-3B-5. Defenses Available - In a proceeding under the provisions of this article, a...

§55-3B-6. Proceedings in Court; Final Order; Disposition of Abandoned Personal Property - (a) If at the time of the hearing there has...

§55-3B-7. Waiver - A tenant's rights under this article may not be waived...

Article 4. Ejectment

§55-4-1. When Ejectment a Proper Remedy - The action of ejectment is retained and may be brought...

§55-4-2. Venue - Every such action shall be brought in the circuit court,...

§55-4-3. Interest of Plaintiff - No person shall bring such action unless he has, at...

§55-4-4. Parties Defendant - If the premises be occupied, the occupant shall be named...

§55-4-5. How Action Commenced - The action shall be commenced by the service of a...

§55-4-6. Declaration - It shall be sufficient for the plaintiff to aver in...

§55-4-7. Joinder of Parties Plaintiff - The declaration may contain several counts, and several parties may...

§55-4-8. Service of Declaration and Notice; Order of Publication - To such declaration there shall be subjoined a written or...

§55-4-9. Rule to Plead; Default Judgment - Upon filing the declaration and notice, with proof of the...

§55-4-10. Plea or Demurrer; Issue on Plea; Evidence Admissible - The defendant may demur to the declaration, as in personal...

§55-4-11. Equitable Title of Vendee as Defense - A vendor, or any person claiming under him shall not...

§55-4-12. Payment or Performance by Mortgagor as Defense - The payment of the whole sum, or the performance of...

§55-4-13. Notice of Equitable Defense; Resort to Equity Not Barred - A defendant shall not be allowed to avail himself of...

§55-4-14. Consent Rules Not to Be Used; What Plaintiff Must Prove Generally - The consent rules shall not be used. The plaintiff need...

§55-4-14a. When Proof Required of Location of Reservations or Exceptions Contained in Instruments of Title - In any action, suit or other judicial proceeding involving the...

§55-4-15. What Plaintiff Must Prove Against Cotenant - If the action be by one or more tenants in...

§55-4-16. Extent of Possession Under Patent, Deed or Other Writing - In a controversy affecting land, when a person claiming under...

§55-4-17. Verdict as to Parties - If the jury be of opinion for the plaintiffs, or...

§55-4-18. Verdict as to Premises - When the right of the plaintiff is proved to all...

§55-4-19. Judgment; Assignment of Dower - The judgment for the plaintiff shall be that he recover...

§55-4-20. Change in Plaintiff's Right Pending Action; Additional Party Plaintiff - If the right or title of the plaintiff in ejectment...

§55-4-21. Mesne Profits and Damages - If the plaintiff file with his declaration a statement of...

§55-4-22. How Damages Assessed - If there be no issue of fact tried in the...

§55-4-23. Claim for Improvements - If the defendant intends to claim allowance for improvements made...

§55-4-24. Balance as Between Damages and Improvements - In such case, the damages of the plaintiff and the...

§55-4-25. Postponing Assessment of Damages and Allowance for Improvements - On motion of either party, the court may order the...

§55-4-26. Effect of Judgment - Any such judgment in an action of ejectment shall be...

§55-4-27. Effect of Judgment as to Persons Under Disability - If any person against whom such judgment is rendered shall...

§55-4-28. Right to Recover Mesne Profits and Damages Against Person Other Than Defendant - Nothing in this article shall prevent the plaintiff from recovering...

§55-4-29. Default or Surrender by Tenant for Life - If any tenant for life of land make default or...

§55-4-30. Right of Entry Not Tolled by Descent Cast - The right of entry on, or action for, land shall...

§55-4-31. Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate - Any person having a subsisting interest in real estate and...

§55-4-31a. Resolution of Boundary Disputes; Corrective Deeds; Petition for Ascertainment and Designation of Boundary Line or Lines of Real Estate - Where a survey has been made to establish the boundary...

Article 5. Allowance for Improvements

§55-5-1. Method of Asserting Claim - Any defendant against whom a decree or judgment shall be...

§55-5-2. Valuation of Improvements Made by Defendant Before Notice of Title - If the jury be satisfied that the defendant, or those...

§55-5-3. Liability of Defendant for Annual Value of Premises and Damages -- Assessment of Damages for Plaintiff - The jury, in fixing and assessing such value and damages,...

§55-5-4. Same -- for What Period Defendant Liable - The defendant shall not be liable for such annual value...

§55-5-5. Verdict for Balance After Damages Set Off Against Improvements; Entry of Judgment - After setting off the amount allowed the plaintiff (if any)...

§55-5-6. Judgment Lien - Any such balance due to the defendant shall constitute a...

§55-5-7. Reimbursement of Life Tenant by Remainderman or Reversioner - If the plaintiff claim only on an estate for life...

§55-5-8. Exception as to Mortgagees and Trustees - Nothing in this article, nor anything in article four of...

§55-5-9. Plaintiff May Require His Estate Only to Be Valued -- by Entry on Record - When the defendant shall claim allowance for improvements, as before...

§55-5-10. Same -- How Estimated - The value of the premises, in such case, shall be...

§55-5-11. Same -- Relinquishment of Estate to Defendant at Value Ascertained - The plaintiff in such case, if judgment is rendered for...

§55-5-12. Same -- Same -- How Value Paid; Sale of Land for Failure to Make Payments; Deficiency - The payments shall be made to the plaintiff, or into...

§55-5-13. Same -- Same -- Disposition of Value When Party Under Disability - If the party by or for whom the land is...

§55-5-14. Same -- Same -- Eviction of Defendant; Recovery of Amount Paid - If the defendant, or his heirs or assigns, shall, after...

Article 6. Recovery of Personal Property

§55-6-1. Immediate Recovery of Possession of Personal Property; Notice and Prejudgment Hearing - If the plaintiff in a civil action, whether in a...

§55-6-2. Finding of Fact by Court or Magistrate; Bond; Order for Seizure - If the court or magistrate shall conclude, upon the basis...

§55-6-3. Seizure of Property by Officer - It shall be the duty of the officer to whom...

§55-6-4. Return of Property to Defendant Upon Execution of Bond - The defendant in any such action may have the property...

§55-6-5. Exception to Sufficiency of Sureties - Either party may, upon reasonable notice to the other, except...

§55-6-6. Verdict and Judgment - Upon the final trial of any such action, if the...

§55-6-7. Execution - The execution issued in such cases shall conform in all...

Article 7. Actions for Injuries

§55-7-1. Seduction - An action for seduction may be maintained, without any allegation...

§55-7-2. Insulting Words - All words which, from their usual construction and common acceptation,...

§55-7-3. Unlawful Seizure or Attachment - If the property be distrained for any rent not due,...

§55-7-4. Action of Replevin Abolished - No action of replevin shall be hereafter brought.

§55-7-5. Action for Death by Wrongful Act - Whenever the death of a person shall be caused by...

§55-7-6. By Whom Action for Wrongful Death to Be Brought; Amount and Distribution of Damages; Period of Limitation - (a) Every such action shall be brought by and in...

§55-7-7. Compromise of Claim for Death by Wrongful Act - The personal representative of the deceased may compromise any claim...

§55-7-8. Personal Injury Action Where Injuries Result in Death - Where an action is brought by a person injured for...

§55-7-8a. Actions Which Survive; Limitations; Law Governing Such Actions - (a) In addition to the causes of action which survive...

§55-7-9. Violation of Statutes - Any person injured by the violation of any statute may...

§55-7-10. Trespass Abolished; Trespass on the Case to Lie in Lieu Thereof - The action of trespass is abolished. In all cases in...

§55-7-11. Suits Against Unincorporated Common Carriers - Where common carriers are not incorporated, any one or more...

§55-7-11a. Settlement, Release or Statement Within Twenty Days After Personal Injury; Disavowal; Certain Expressions of Sympathy Inadmissible as Evidence - (a) If a person sustains a personal injury, no person...

§55-7-12. Liability of One Joint Tort-Feasor Not Affected by Release To, or Accord and Satisfaction With, Another - A release to, or an accord and satisfaction with, one...

§55-7-13a. Modified Comparative Fault Standard Established - (a) For purposes of this article, "comparative fault" means the...

§55-7-13b. Definitions - As used in this article: "Compensatory damages" means damages awarded...

§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault - (a) In any action for damages, the liability of each...

§55-7-13d. Determination of Fault; Imputed Fault; When Plaintiff’s Criminal Conduct Bars Recovery; Burden of Proof; Damages; Stay of Action; Limitations; Applicability; Severability - (a) Determination of fault of parties and nonparties. — (1)...

§55-7-14. Liability of Visual or Sound Broadcasting Stations for Defamatory Statements - The owner, licensee or operator of a visual or sound...

§55-7-15. Aid to Victim of Accident and Victim of Crime; Immunity From Civil Liability - No person, including a person licensed to practice medicine or...

§55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care - (a) A member in good standing of a national ski...

§55-7-17. Aid by Trained Hazardous Substance Response Personnel; Immunity From Civil Liability; Definitions - No person trained in a qualified program of hazardous substance...

§55-7-18. Limiting Liability of Home Care Service Providers, Daycare Centers and Residential Care Facilities Disclosing Certain Employment Information - When a residential care facility required to be registered, licensed...

§55-7-18a. Employer Immunity From Liability; Disclosure of Information Regarding Former Employees - (a) Any employer or his or her designated agent who...

§55-7-19. Liability of Health Care Providers Who Render Services at School Athletic Events; Limiting Liability; Exceptions - Any person licensed by, or certified or registered in, this...

§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains - Any not for profit corporation for which one of its...

§55-7-21. Creating Presumption of Good Faith for Court-Appointed Licensed Psychologists and Psychiatrists Conducting a Child Custody Evaluation; Method for Assigning Court and Legal Fees - (a) A licensed psychologist or licensed psychiatrist who has been...

§55-7-22. Civil Relief for Persons Resisting Certain Criminal Activities - (a) A lawful occupant within a home or other place...

§55-7-23. Prescription Drugs and Medical Devices; Limiting Health Care Providers' Liability Exposure - (a) No health care provider, as defined in section two,...

§55-7-25. Personal Injury and Wrongful Death Actions; Complaint; Specific Amount of Damages Not to Be Stated - In any action to recover damages for personal injury or...

§55-7-26. First Responders Who Use Forced Entry in Response to 911 Call; Limited Immunity From Civil and Criminal Liability - (a) "First responder" includes: law-enforcement officers, firefighters, emergency medical services...

§55-7-27. Liability of Possessor of Real Property for Harm to a Trespasser - (a) A possessor of real property, including an owner, lessee...

§55-7-28. Limiting Civil Liability of a Possessor of Real Property for Injuries Caused by Open and Obvious Hazards - (a) A possessor of real property, including an owner, lessee...

§55-7-29. Limitations on Punitive Damages - (a) An award of punitive damages may only occur in...

§55-7-30. Adequate Pharmaceutical Warnings; Limiting Civil Liability for Manufacturers or Sellers Who Provide Warning to a Learned Intermediary - (a) A manufacturer or seller of a prescription drug or...

§55-7-31. Limitation on Products Liability Actions; Innocent Seller - (a) As used in this section: (1) “Manufacturer” means a...

Article 7A. Liability of Parents

§55-7A-1. Legislative Findings; Declaration of Legislative Intent - The Legislature hereby finds and declares that there are now...

§55-7A-2. Parental Liability for Willful, Malicious or Criminal Acts of Children - The custodial parent or parents of any minor child shall...

Article 7B. Medical Professional Liability

§55-7B-1. Legislative Findings and Declaration of Purpose - The Legislature finds and declares that: The citizens of this...

§55-7B-2. Definitions - For the purposes of this article, the following words shall...

§55-7B-3. Elements of Proof - (a) The following are necessary elements of proof that an...

§55-7B-4. Health Care Injuries; Limitations of Actions; Exceptions; Venue - (a) A cause of action for medical injury to a...

§55-7B-5. Health Care Actions; Complaint; Specific Amount of Damages Not to Be Stated; Limitation on Bad Faith Claims; Filing of First Party Bad Faith Claims; When Plaintiff’s Criminal Conduct Bars Recovery - (a) In any medical professional liability action against a health...

§55-7B-6. Prerequisites for Filing an Action Against a Health Care Provider; Procedures; Sanctions - (a) Notwithstanding any other provision of this code, no person...

§55-7B-6a. Access to Medical Records - (a) Within thirty days of the filing of an answer...

§55-7B-6b. Expedited Resolution of Cases Against Health Care Providers; Time Frames - (a) In each professional liability action filed against a health...

§55-7B-6c. Summary Jury Trial - (a) The court must determine the date of the summary...

§55-7B-7. Testimony of Expert Witness on Standard of Care - (a) The applicable standard of care and a defendant's failure...

§55-7B-7a. Admissibility and Use of Certain Information - (a) In an action brought, there is a rebuttable presumption...

§55-7B-8. Limit on Liability for Noneconomic Loss - (a) In any professional liability action brought against a health...

§55-7B-9. Several Liability - (a) In the trial of a medical professional liability action...

§55-7B-9a. Reduction in Compensatory Damages for Economic Losses for Payments From Collateral Sources for the Same Injury - (a) In any action arising after the effective date of...

§55-7B-9b. Limitations on Third-Party Claims - An action may not be maintained against a health care...

§55-7B-9c. Limit on Liability for Treatment of Emergency Conditions for Which Patient Is Admitted to a Designated Trauma Center; Exceptions; Emergency Rules - (a) In any action brought under this article for injury...

§55-7B-9d. Adjustment of Verdict for Past Medical Expenses - A verdict for past medical expenses is limited to: (1)...

§55-7B-10. Effective Date; Applicability of Provisions - (a) The provisions of House Bill 149, enacted during the...

§55-7B-11. Severability - (a) If any provision of this article as enacted during...

§55-7B-12. Self-Funding Program; Requirements; Minimum Standards - (a) An irrevocable trust may be established by or for...

Article 7C. Immunity From Civil Liability for Qualified Directors of Certain Governmental and Nonprofit Entities

§55-7C-1. Findings and Declaration of Public Purpose - The Legislature hereby finds and declares that the citizens of...

§55-7C-2. Definitions - For purposes of this article, unless a different meaning plainly...

§55-7C-3. Limited Civil Liability of Qualified Directors - (a) Notwithstanding any other provision of this code, a qualified...

§55-7C-4. Applicability of Provisions - The provisions of this article shall not apply to any...

Article 7D. Good Samaritan Food Donation Act

§55-7D-1. Legislative Findings - The Legislature finds that wholesale and retail food distributors, shipping...

§55-7D-2. Definitions - As used in this section: (a) "Apparently fit grocery product"...

§55-7D-3. Limiting Liability of Persons or Corporations Who Donate Food or Grocery Products; Exceptions - (a) A person or gleaner is not subject to civil...

§55-7D-4. Limitation of Liability for Landowners or Occupiers Who Allow Collection or Gleaning of Donations; Exceptions - Any person who is a landowner or occupier and who...

§55-7D-5. Construction - Nothing in this article shall be construed to supersede state...

Article 7E. Duty to Mitigate Damages in Employment Claims

§55-7E-1. Definitions - In this article: (a) "Back pay" means the wages that...

§55-7E-2. Legislative Findings and Declaration of Purpose - (a) The Legislature finds that: (1) Employees of this state...

§55-7E-3. Statutory or Common Law Employment Claims; Duty to Mitigate Damages - (a) In any employment law cause of action against a...

Article 7F. Asbestos Bankruptcy Trust Claims Transparency Act

§55-7F-1. Short Title - This article shall be known and may be cited as...

§55-7F-2. Findings and Purpose - (a) The West Virginia Legislature finds that: (1) The United...

§55-7F-3. Definitions - For the purpose of this article: (1) "Asbestos action" means...

§55-7F-4. Required Disclosures by Plaintiff - (a) For each asbestos action filed in this state, the...

§55-7F-5. Discovery; Use of Materials - (a) Trust claims materials and trust governance documents are presumed...

§55-7F-6. Scheduling Trial; Stay of Action - (a) A court shall stay an asbestos action if the...

§55-7F-7. Identification of Additional or Alternative Asbestos Trusts by Defendant - (a) Not less than ninety days before trial, if a...

§55-7F-8. Valuation of Asbestos Trust Claims; Judicial Notice - (a) If a plaintiff proceeds to trial in an asbestos...

§55-7F-9. Setoff; Credit - In any asbestos action in which damages are awarded, a...

§55-7F-10. Failure to Provide Information; Sanctions - A plaintiff who fails to provide all of the information...

§55-7F-11. Application - The provisions of this article apply to all asbestos actions...

Article 7G. Asbestos and Silica Claims Priorities Act

§55-7G-1. Short Title - This article shall be known and may be cited as...

§55-7G-2. Findings and Purpose - (a) The West Virginia Legislature finds that: (1) Asbestos is...

§55-7G-3. Definitions - For the purpose of this article: (1) "AMA Guides to...

§55-7G-4. Filing Claims; Establishment of a Prima Facie Case; Additional Required Information for Claims; Individual Actions to Be Filed - (a) A plaintiff in an asbestos or silica action alleging...

§55-7G-5. Elements of Proof for Asbestos Actions Alleging a Nonmalignant Asbestos-Related Condition - (a) No asbestos action related to an alleged nonmalignant asbestos-related...

§55-7G-6. Elements of Proof for Silica Actions Alleging Silicosis - No silica action related to alleged silicosis may be brought...

§55-7G-7. Evidence of Physical Impairment - Evidence relating to physical impairment, including pulmonary function testing and...

§55-7G-8. Procedures - (a) Evidence relating to the prima facie showings required under...

§55-7G-9. Statute of Limitations; Two-Disease Rule - (a) With respect to an asbestos or silica action not...

§55-7G-10. Application - This article shall apply to all asbestos actions and silica...

Article 7H. Immunity From Civil Liability for Clinical Practice Plans and Personnel Associated With Medical and Dental Schools

§55-7H-1. Findings and Declaration of Public Purpose - The Legislature finds and declares: That the citizens of this...

§55-7H-2. Definitions - For purposes of this article: (1) "Clinical practice plan" means...

§55-7H-3. Immunity for Clinical Practice Plans and Their Directors, Officers, Employees, Agents and Contractors - Notwithstanding any other provision of this code, all clinical practice...

§55-7H-4. Medical Professional Liability Insurance for State's Medical and Dental Schools and State Medical Schools - The State Board of Risk and Insurance Management shall provide...

§55-7H-5. Applicability of Provisions - The provisions of this article are applicable prospectively to all...

§55-7H-6. Construction - The provisions of this article operate in addition to, and...

Article 7I. Successor Asbestos-Related Liability

§55-7I-1. Findings and Purpose - (a) The West Virginia Legislature finds that: (1) Asbestos-related claims...

§55-7I-2. Definitions - As used in this article: (1) “Asbestos claim” means any...

§55-7I-3. Applicability - (a) The limitations in section four of this article shall...

§55-7I-4. Limitations on Successor Asbestos-Related Liabilities - (a) Except as further limited in subsection (b) of this...

§55-7I-5. Establishing Fair Market Value of Total Gross Assets - (a) A corporation may establish the fair market value of...

§55-7I-6. Adjustment - (a) Except as provided in subsections (b), (c) and (d)...

§55-7I-7. Scope of Article; Application - (a) This article shall be liberally construed with regard to...

Article 7J. Financial Exploitation of an Elderly Person, Protected Person or Incapacitated Adult

§55-7J-1. Action for Financial Exploitation of an Elderly Person, Protected Person, or Incapacitated Adult; Definitions - (a) Any elderly person, protected person, or incapacitated adult against...

§55-7J-2. Restriction of Defenses, Standing Alone, Based on Legal Relationship - Notwithstanding any provision of this code to the contrary, acting...

§55-7J-3. Court Authorized Remedies - (a) In an action brought against a person under this...

§55-7J-4. Attorneys Fees; Court Costs and Burden of Proof; Statute of Limitations - (a) The court may award reasonable attorneys fees and costs...

§55-7J-5. Action to Freeze Assets; Burden of Proof; Options the Court May Exercise - (a) An elderly person, protected person, or incapacitated adult may...

§55-7J-6. Penalty for Violation of Injunction; Retention of Jurisdiction - Any person who violates the terms of an order issued...

Article 7K. Immunity From Civil Liability for Behavioral Health Facilities and Residential Recovery Facilities

§55-7K-1. Limiting Civil Liability for Certain Behavioral Health Facilities and Residential Recovery Facilities Providing Crisis Stabilization Services And/or Drug and Alcohol Detoxification Services, Substance Use Disorder Services, And/or Drug Over... - Notwithstanding any other provision of this code, no behavioral health...

§55-7K-2. Applicability of Provisions - (a) The provisions of this article are applicable to all...

Article 8. Actions on Contracts

§55-8-1. Jurisdiction in Proceedings on Penal Bonds - Where the proceeding before a court is on a penal...

§55-8-2. Action of Debt or Assumpsit on Note or Writing; Action of Debt for Any Past-Due Installment - An action of debt or assumpsit may be maintained on...

§55-8-3. Action of Assumpsit for Breach of Contract - An action of assumpsit shall lie in all cases to...

§55-8-4. General Issue in Debt or Assumpsit on Sealed Instrument - The general issue in an action of debt on a...

§55-8-5. Validity of Writing Payable to Person Dead at Time of Execution - A bond, note or other writing to a person or...

§55-8-6. Liability of Personal Representative of Deceased Joint Judgment Debtor, Obligor, Promissor or Partner - The representative of one bound with another, either jointly or...

§55-8-7. Action Against Makers, Drawers, Endorsers, Acceptors, Assignors or Absolute Guarantors - (a) The holder of any note, check, draft, bill of...

§55-8-8. Joinder of Personal Representative of Decedent as Defendant in Action Under §55-8-7; Judgment to Affect Only Estate of Decedent - In every action or motion in which a decedent, if...

§55-8-9. Action by Assignee in Own Name; Defenses and Setoff; Joinder of Claims - The assignee of any bond, note, account, or writing, not...

§55-8-10. Assignee Entitled to Recover From Assignor; Defenses Allowed - Any assignee mentioned in section nine of this article may...

§55-8-11. Limitation on Jurisdiction of Equity as to Suit by Assignee - A court of equity shall not have jurisdiction of a...

§55-8-12. Third Party May Sue on Covenant or Promise Made for His Sole Benefit - If a covenant or promise be made for the sole...

§55-8-13. Action of Account - An action of account may be maintained against the personal...

§55-8-14. Agreements to Indemnify Against Sole Negligence of the Indemnitee, His Agents or Employees Against Public Policy; No Action Maintainable Thereon; Exceptions - A covenant, promise, agreement or understanding in or in connection...

§55-8-15. Choice of Law for Computer Information Agreements - A choice of law provision in a computer information agreement...

§55-8-16. Choice of Law in Product Liability Actions - (a) It is public policy of this state that, in...

Article 9. Gaming Contracts

§55-9-1. Gaming Contracts Void - Every contract, conveyance, or assurance, of which the consideration, or...

§55-9-2. Recovery of Money or Property Lost in Gaming - If any person shall lose to another within twenty-four hours...

§55-9-3. Recovery of Gaming Losses by Bill in Equity; Repayment Discharges Winner From Punishment - Such loser may file a bill in equity against such...

Article 10. Arbitration

§55-10-1. Short Title - This article may be cited as the Revised Uniform Arbitration...

§55-10-2. Declaration of Public Policy; Legislative Findings - The Legislature finds that: (1) Arbitration, as a form of...

§55-10-3. Definitions - In this article: "Arbitration organization" means an association, agency, board,...

§55-10-4. Notice - (a) Except as otherwise provided in this article, a person...

§55-10-5. When Article Applies - (a) This article governs an agreement to arbitrate made on...

§55-10-6. Effect of Agreement to Arbitrate; Nonwaivable Provisions - (a) Except as otherwise provided in subsections (b) and (c)...

§55-10-7. Application for Judicial Relief - (a) Except as otherwise provided in section thirty of this...

§55-10-8. Validity of Agreement to Arbitrate - (a) An agreement contained in a record to submit to...

§55-10-9. Motion to Compel or Stay Arbitration - (a) On motion of a person showing an agreement to...

§55-10-10. Provisional Remedies - (a) Before an arbitrator is appointed and is authorized and...

§55-10-11. Initiation of Arbitration - (a) A person initiates an arbitration proceeding by giving notice...

§55-10-12. Consolidation of Separate Arbitration Proceedings - (a) Except as otherwise provided in subsection (c) of this...

§55-10-13. Appointment of Arbitrator; Service as a Neutral Arbitrator - (a) If the parties to an agreement to arbitrate agree...

§55-10-14. Disclosure by Arbitrator - (a) Before accepting appointment, an individual who is requested to...

§55-10-15. Action by Majority - If there is more than one arbitrator, the powers of...

§55-10-16. Immunity of Arbitrator; Competency to Testify; Attorney's Fees and Costs - (a) An arbitrator or an arbitration organization acting in that...

§55-10-17. Arbitration Process - (a) An arbitrator may conduct an arbitration in such manner...

§55-10-18. Representation by Lawyer - A party to an arbitration proceeding may be represented by...

§55-10-19. Witnesses; Subpoenas; Depositions; Discovery - (a) An arbitrator may issue a subpoena for the attendance...

§55-10-20. Judicial Enforcement of Preaward Ruling by Arbitrator - If an arbitrator makes a preaward ruling in favor of...

§55-10-21. Award - (a) An arbitrator shall make a record of an award....

§55-10-22. Change of Award by Arbitrator - (a) On motion to an arbitrator by a party to...

§55-10-23. Remedies; Fees and Expenses of Arbitration Proceeding - (a) An arbitrator may award punitive damages or other exemplary...

§55-10-24. Confirmation of Award - After a party to an arbitration proceeding receives notice of...

§55-10-25. Vacating Award - (a) Upon motion to the court by a party to...

§55-10-26. Modification or Correction of Award - (a) Upon motion made within ninety days after the moving...

§55-10-27. Judgment on Award; Attorneys' Fees and Litigation Expenses - (a) Upon granting an order confirming, vacating without directing a...

§55-10-28. Jurisdiction - (a) A court of this state having jurisdiction over the...

§55-10-29. Venue - A motion pursuant to section seven of this article must...

§55-10-30. Appeals - (a) An appeal may be taken from: (1) An order...

§55-10-31. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...

§55-10-32. Electronic Signatures in Global and National Commerce Act - The provisions of this article governing the legal effect, validity...

§55-10-33. Savings Clause - This article does not affect an action or proceeding commenced...

Article 11. Lis Pendens

§55-11-1. Lis Pendens Record - There shall be kept in the office of the clerk...

§55-11-2. Notice of Lis Pendens; Recordation and Indexing Thereof - Whenever any person shall commence a suit, action, attachment, or...

§55-11-3. Limitations on Notice of Lis Pendens - Constructive notice of the pendency of a suit, action, attachment...

Article 12. Judicial Sales

§55-12-1. Order for Sale of Property; Terms; Sale by Special Commissioner or Receiver; Bond; Deposit of Proceeds; Penalties - A court, in a suit properly pending therein, may make...

§55-12-2. Notice of Sale; Contents; Publication - Whenever a court shall decree the sale of real estate,...

§55-12-3. Certificate as to Bond to Be Appended to Notice of Sale; Effect Thereof - Every notice of such sale shall have appended to it...

§55-12-4. Report of Sale - The said special commissioner or special receiver shall, after the...

§55-12-5. When Sheriff to Execute Decree or Order of Sale - Where no special commissioner or special receiver is appointed for...

§55-12-6. Rate of Commission for Services of Special Commissioner - For the services of commissioners or officers under any decree...

§55-12-7. Appointment of Commissioner to Execute Deed; Effect of Execution - A court of law or equity, in a suit in...

§55-12-8. Title of Purchaser Not Affected by Reversal of Decree of Sale; Restitution of Proceeds - If a sale of property be made under a decree...

Article 12A. Lease and Conveyance of Mineral Interests Owned by Missing or Unknown Owners or Abandoning Owners

§55-12A-1. Legislative Intent - It is the intent of the Legislature, in empowering the...

§55-12A-2. Definitions - As used in this article, the following definitions shall apply:...

§55-12A-3. Jurisdiction of the Circuit Court - The circuit court of the county wherein the minerals sought...

§55-12A-4. When Court May Appoint Special Commissioner; Persons Authorized to Institute Proceedings - (a) If the title to any mineral interest is vested...

§55-12A-5. Persons to Be Joined as Defendants; Contents of Verified Petition; Notice; Guardian Ad Litem - (a) The person filing a petition under this article shall...

§55-12A-6. Appointment of a Special Commissioner; Sale of Lease; Special Commissioner's Report; When Court Not to Authorize Lease; Investment of Lease Proceeds; Search for Owner; Period During Which Unknown or Missing Owner or Abandoning Owner May Es... - (a) If upon presentation to the court of the petition,...

§55-12A-7. When Special Commissioner May Convey Title in Mineral Interest to Surface Owner; Form of Deed; Final Report of Special Commissioner; Unknown Owners; Transfer of Funds; Rulemaking - (a) (1) If an owner of any mineral interest leased...

§55-12A-8. Petitioner's Attorneys' Fees, Expenses and Court Costs - All of the petitioner's attorneys' fees, expenses and court costs...

§55-12A-9. Limitation of Action by Unknown or Missing Owner or Abandoning Owner - After the expiration of seven years from the date of...

§55-12A-10. Severability - If any part of this article is adjudged to be...

Article 13. Uniform Declaratory Judgments Act

§55-13-1. Power of Courts to Declare Rights, Status and Other Legal Relations; Objections; Form and Effect of Declaration - Courts of record within their respective jurisdictions shall have power...

§55-13-2. Who May Have Determination and Obtain Declaration - Any person interested under a deed, will, written contract, or...

§55-13-3. Construction of Contract Before or After Breach - A contract may be construed either before or after there...

§55-13-4. Declaration Concerning Trusts and Estates - Any person interested as or through an executor, administrator, trustee,...

§55-13-5. No Restriction on Powers Conferred by §55-13-1 - The enumeration in sections two, three, and four does not...

§55-13-6. When Court May Refuse Judgment - The court may refuse to render or enter a declaratory...

§55-13-7. Review - All orders, judgments and decrees under this article may be...

§55-13-8. Further Relief - Further relief based on a declaratory judgment or decree may...

§55-13-9. Trial and Determination of Issues of Fact - When a proceeding under this article involves the determination of...

§55-13-10. Costs - In any proceeding under this article the court may make...

§55-13-11. Parties - When declaratory relief is sought, all persons shall be made...

§55-13-12. Article Remedial; Liberal Construction and Administration Thereof - This article is declared to be remedial; its purpose is...

§55-13-13. "Person" Defined - The word "person," wherever used in this article, shall be...

§55-13-14. Severability - The several sections and provisions of this article, except sections...

§55-13-15. Interpretation and Construction of Article - This article shall be so interpreted and construed as to...

§55-13-16. Citation of Article - This article may be cited as the "Uniform Declaratory Judgments...

Article 14. Uniform Enforcement of Foreign Judgments Act

§55-14-1. Definitions - In this article "foreign judgment" means any judgment, decree or...

§55-14-2. Filing and Status of Foreign Judgments - A copy of any foreign judgment authenticated in accordance with...

§55-14-3. Notice of Filing - (a) At the time of the filing of the foreign...

§55-14-4. Stay - (a) If the judgment debtor shows the circuit court that...

§55-14-5. Fees - Fees for filing, docketing, transcription or other enforcement proceedings shall...

§55-14-6. Optional Procedure - The right of a judgment creditor to bring an action...

§55-14-7. Uniformity of Interpretation - This article shall be so interpreted and construed as to...

§55-14-8. Short Title - This article may be cited as the "Uniform Enforcement of...

Article 16. Civil Remedy for Worthless Check

§55-16-1. Civil Remedy for Making, Drawing, Issuing, Uttering or Delivery of Worthless Check, Draft or Order - (a) As used in this section, "check" means a draft...

Article 17. Procedures for Certain Actions Against the State

§55-17-1. Findings; Purpose - (a) The Legislature finds that there are numerous actions, suits...

§55-17-2. Definitions - For the purposes of this section: (1) "Action" means a...

§55-17-3. Preliminary Procedures; Service on Attorney General; Notice to the Legislature - (a)(1) Notwithstanding any provision of law to the contrary, at...

§55-17-3a. Legislature and Its Presiding Officers Never to Be Named as Parties to a Civil Action in Court - (a) Article V of the Constitution of West Virginia provides...

§55-17-4. Procedures Pending Action - Notwithstanding any other provisions of law to the contrary: (1)...

§55-17-5. Notice of Settlement, Seizure or Forfeiture - (a) So that the Governor, the Department of Administration and...

§55-17-6. Construction of Article - (a) It is the express intent of the Legislature that...

Article 18. Limitations of Actions Regarding Firearms Manufacture and Sale

§55-18-1. Legislative Declarations and Purpose - The Legislature hereby finds and declares: (a) The lawful design,...

§55-18-2. Authority to Bring Suit Against Manufacturers, Sellers, Trade Associations or Dealers of Firearms - The authority to bring suit and the right to recover...

Article 19. Covid-19 Jobs Protection Act

§55-19-1. Short Title - This article shall be known and may be cited as...

§55-19-2. Findings and Purpose - (a) The West Virginia Legislature finds that: (1) The novel...

§55-19-3. Definitions - For the purposes of this article: (1) "Arising from COVID-19"...

§55-19-4. Claims Arising From the Covid-19 Pandemic - Notwithstanding any law to the contrary, except as provided by...

§55-19-5. Products Made, Sold, and Donated in Response to Covid-19 - (a) Any person that designs, manufactures, labels, sells, distributes, or...

§55-19-6. Workers Compensation - Notwithstanding the provisions of this article and the further provisions...

§55-19-7. Exception - Excluding the provisions of 55-19-5 and 55-19-6 of this code,...

§55-19-8. Severability - If any provision of this act or the application thereof...

§55-19-9. Application - (a) This article shall be effective retroactively from January 1,...

Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images

§55-20-1. Short Title - This article shall be known and may be cited as...

§55-20-2. Definitions - For the purposes of this article: (1) "Child" means an...

§55-20-3. Civil Action - (a) Except as otherwise provided in 55-20-4 of this code,...

§55-20-4. Exceptions to Liability - (a) A person is not liable under this article if...

§55-20-5. Plaintiff S Privacy - In an action under this article, a plaintiff may file...

§55-20-6. Remedies - (a) In an action under this article, a prevailing plaintiff...

§55-20-7. Statute of Limitations - (a) Any action under this article for: (1) An unauthorized...

§55-20-8. Construction - (a) This article shall be construed to be consistent with...

§55-20-9. Uniformity of Application and Construction - In applying and construing this act, consideration must be given...

§55-20-10. Effective Date - This article shall apply to any cause of action, subject...

Article 21. Uniform Commercial Real Estate Receivership Act

§55-21-1. Short Title - This article may be cited as the Uniform Commercial Real...

§55-21-2. Definitions - When used in this article, the following words have the...

§55-21-3. Notice and Opportunity for Hearing - (a) Except as otherwise provided in subsection (b) of this...

§55-21-4. Scope; Exclusions - (a) Except as otherwise provided in subsection (b) or (c)...

§55-21-5. Power of Court - The court that appoints a receiver under this article has...

§55-21-6. Appointment of Receiver - (a) The court may appoint a receiver: (1) Before judgment,...

§55-21-7. Disqualification From Appointment as Receiver; Disclosure of Interest - (a) The court may not appoint a person as receiver...

§55-21-8. Bond; Alternative Security - (a) Except as otherwise provided in subsection (b) of this...

§55-21-9. Status of Receiver as Lien Creditor - On appointment of a receiver, the receiver has the status...

§55-21-10. Security Agreement Covering After-Acquired Property - Except as otherwise provided by law of this state other...

§55-21-11. Collection and Turnover of Receivership Property - (a) Unless the court orders otherwise, on demand by a...

§55-21-12. Powers and Duties of Receiver - (a) Except as limited by court order or law of...

§55-21-13. Duties of Owner - (a) An owner shall: (1) Assist and cooperate with the...

§55-21-14. Stay of Other Actions; Injunction - (a) Except as otherwise provided in subsection (d) of this...

§55-21-15. Engagement and Compensation of Professional - (a) With court approval, a receiver may engage an attorney,...

§55-21-16. Use or Transfer of Receivership Property Not in Ordinary Course of Business - (a) In this section, "good faith" means honesty in fact...

§55-21-17. Executory Contract - (a) In this section, "executory contract" has the same meaning...

§55-21-18. Defenses and Immunities of Receiver - (a) A receiver is entitled to all defenses and immunities...

§55-21-19. Interim Report of Receiver - A receiver may file or, if ordered by the court,...

§55-21-20. Notice of Appointment; Claim Against Receivership; Distribution to Creditors - (a) Except as otherwise provided in subsection (f) of this...

§55-21-21. Fees and Expenses - (a) The court may award a receiver from receivership property...

§55-21-22. Removal of Receiver; Replacement; Termination of Receivership - (a) The court may remove a receiver for cause. (b)...

§55-21-23. Final Report of Receiver; Discharge - (a) On completion of a receivers duties, the receiver shall...

§55-21-24. Receivership in Another State; Ancillary Proceeding - (a) The court may appoint a receiver appointed in another...

§55-21-25. Effect of Enforcement by Mortgagee - (a) A request by a mortgagee for appointment of a...

§55-21-26. Uniformity of Application and Construction - In applying and construing this uniform act, consideration must be...

§55-21-27. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, or supersedes the Electronic Signatures in...

§55-21-28. Transition - This article does not apply to a receivership for which...

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West Virginia Code Chapter 55. Actions, Suits and Arbitration; Judicial Sale

West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale