West Virginia Code
Chapter 56. Pleading and Practice

§56-2-6. Motion for Judgment on Contracts; Affidavit of Claim; Plea and Counter Affidavit; Judgment; Discontinuance; Defense - Any person entitled to recover money by action on any...

§56-2-7. Trial by Jury - On a motion, when an issue of fact is joined,...

§56-2-8. Collection of Forfeitures; Prosecuting Attorney's Fees - Unless otherwise expressly provided by law, any forfeiture payable to...

Article 3. Writs, Process and Order of Publication

§56-3-1. Ancient Writs - The right and benefit of all writs, remedial and judicial,...

§56-3-2. Writs Abolished - The writ of right, writ of entry, writ of formedon,...

§56-3-2a. Actions for Breach of Promise to Marry and for Alienation of Affections Prohibited - Notwithstanding any other provision of law to the contrary, no...

§56-3-3. Forms of Writs and Other Process - The Supreme Court of Appeals may, from time to time,...

§56-3-4. Issuance of Process; Alteration - The process to commence a suit shall be a writ...

§56-3-5. To Whom Process Directed; Return of Process; Return of Summons for Witness - Process from any court, whether original, mesne or final, may...

§56-3-6. Delivery of Process - The clerk of every court from whose office may be...

§56-3-7. Officer's Receipt of Process - Every officer who attends a court shall, within five days...

§56-3-8. Proof of Mailing Process to Officer - Proof that any process or order was put into the...

§56-3-9. Service in Other County; Return - A sheriff or other officer may transmit by mail (the...

§56-3-10. Clerk's Receipt of Process Sent by Mail; Postage Due - If there come directed to a clerk, by mail, a...

§56-3-11. Execution and Validity of Service Generally; Execution When Sheriff Is Disqualified; Service When Original Is Returned Not Executed - Any process or notice may be executed on or before...

§56-3-12. Service of Summons or Scire Facias; Finality of Judgment by Default on Scire Facias or Summons - Any summons or scire facias against any person, including a...

§56-3-13. Service of Process or Notice on Domestic Corporations - Unless otherwise specially provided, process against, or notice to, a...

§56-3-13a. Service of Process or Notice on Domestic and Foreign Limited Partnerships; Service by Publication - Process against, or notice to, a domestic limited partnership or...

§56-3-14. Service of Process or Notice on Foreign Corporations - Process against, or notice to, a foreign corporation which has...

§56-3-15. Service of Process or Notice on Common Carriers Other Than Corporations - In a case against any common carrier, other than a...

§56-3-16. Execution of Process on Sunday - No civil process or order shall be executed on Sunday,...

§56-3-17. Where Process May Be Executed - Every officer by whom any process or order may be...

§56-3-18. When Officer May Summon Assistance; Failure to Assist - Such officer may, in case resistance be made or apprehended...

§56-3-19. Officer's Service and Return of Process; Failure to Make Proper Return; False Return - Every officer to whom any process or order is lawfully...

§56-3-20. Further Liability for Failure to Make Proper Return - A judgment in a prosecution under the preceding section for...

§56-3-21. Alias Process - If, at the return day of any process, it be...

§56-3-22. Judgment on Return Nihil - No judgment shall be rendered on a scire facias, or...

§56-3-23. Service by Publication Generally - On affidavit that a defendant is a foreign corporation for...

§56-3-24. Contents of Order of Publication; Publishing - Every order of publication shall give the style of the...

§56-3-25. Failure to Appear in Response to Publication; Trial or Hearing - When such order shall have been so published, if the...

§56-3-26. Rehearing in Case of Nonpersonal Service - Any unknown party or other defendant who was not served...

§56-3-27. Order of Publication in Supreme Court of Appeals - When, by the return of any officer of process issued...

§56-3-28. Requisites of Publication in Supreme Court of Appeals - Such order of publication shall be entered by the clerk...

§56-3-29. Rehearing in Supreme Court of Appeals - Any unknown party or other defendant who was not served...

§56-3-31. Actions by or Against Nonresident Operators of Motor Vehicles Involved in Highway Accidents; Appointment of Secretary of State, Insurance Company, as Agents; Service of Process - (a) Every nonresident, for the privilege of operating a motor...

§56-3-32. Process Is Part of Record Without Oyer - The writ or process commencing any action at law or...

§56-3-33. Actions by or Against Nonresident Persons Having Certain Contacts With This State; Authorizing Secretary of State to Receive Process; Bond and Fees; Service of Process; Definitions; Retroactive Application - (a) The engaging by a nonresident, or by his or...

§56-3-33a. Actions Against Nonresident Persons by Petitioners Seeking Domestic Violence or Personal Safety Relief; Service of Process; Authorizing Secretary of State to Receive Process Against Nonresidents - (a) Any person who is: (1) Not a resident of...

§56-3-34. Actions by or Against Nonresident Bail Bond Enforcement Agents or Bail Bondsmen; Appointment of Secretary of State as Agents; Service of Process - (a) Every nonresident bail bond enforcer or bail bondsman, for...

Article 4. Rules and Pleading

§56-4-1. Rule Days - In the clerk's office of every circuit court, rules shall...

§56-4-2. Rule Docket - There shall be a docket of the cases at rules...

§56-4-3. Rule Entries - Where rules are held on the last Monday in a...

§56-4-4. Continuance at Rules in Absence of Clerk - When there is no clerk to take a rule in...

§56-4-5. What Rules May Require - The rules may be to declare, plead, reply, rejoin, or...

§56-4-6. Time for Appearance; Rule to File Declaration; Nonsuit for Nonprosecution; Damages - A defendant may appear at the rule day at which...

§56-4-7. Dismissal for Failure to File Declaration or Bill - If three rules elapse after the rules at which the...

§56-4-8. Return to Show Defendant's Nonresidence; Abatement as to Nonresident Not Served - When a summons to a party to answer an action...

§56-4-9. Minors May Sue by Next Friend or Guardian; Substitution of Plaintiffs - Any minor entitled to sue may do so by his...

§56-4-10. Guardian Ad Litem - The proceedings in a suit wherein an infant or insane...

§56-4-11. Transfer of Cases From Law to Equity and Vice Versa - No case shall be dismissed simply because it was brought...

§56-4-12. Abatement for Want of Form in Declaration - No action shall abate for want of form, where the...

§56-4-13. Unnecessary Averments in Trespass on the Case - In actions of trespass on the case, where the action...

§56-4-14. Allegations of Place Where Contract Was Made or Act Done - It shall not be necessary in any declaration or other...

§56-4-15. Averments as to Jurisdiction; Profert; Oyer - It shall not be necessary in any action to aver...

§56-4-16. Allegations Not Traversable nor Requiring Proof - All allegations which are not traversable, and which the party...

§56-4-17. Form of Declaration or Count on Insurance Policy - A declaration or count on a policy of insurance, whether...

§56-4-18. Filing Account in Assumpsit - In every action of assumpsit the plaintiff shall file with...

§56-4-19. Statement of Particulars of Claim - In any action or motion, if good cause therefor be...

§56-4-20. Statement of Particulars of Defense - In like manner, if good cause therefor appear, and there...

§56-4-21. Plea in Action on Insurance Policy; Statement Specifying Particular Defense - To any declaration or county on a policy of insurance,...

§56-4-22. Same -- Joinder in Issue; Statement Specifying Matter in Waiver, Estoppel or Confession and Avoidance - Upon the plea mentioned in the next preceding section, the...

§56-4-23. Failure to File Statement; Insufficient Statement; Amendment; Exclusion of Evidence of Party in Default; Sufficiency of Statement - If either party to such action or motion fail to...

§56-4-24. Right to Amend in General - The plaintiff may of right amend his declaration or bill...

§56-4-25. Amended Declaration or Bill, Supplemental Bill or Bill of Revivor in Vacation - The plaintiff may also, at any time before or after...

§56-4-26. Amendment After Demurrer Is Sustained - If a demurrer be sustained to a declaration or bill,...

§56-4-27. Amendment to Cure Variance Between Pleading and Proof - If at the trial of any action or motion, there...

§56-4-28. Continuance and Costs After Amendment - If substantial amendment of any pleading is made, the court...

§56-4-29. Plea in Abatement -- Misnomer; Amendment Inserting Correct Name - No plea in abatement for a misnomer shall be allowed...

§56-4-30. Same -- Plea in Abatement for Defects in Writ or Return; Variance From Declaration; Void Process - In other cases, a defendant on whom process summoning him...

§56-4-31. Same -- Plea in Abatement for Want of Jurisdiction - Where the declaration or bill shows on its face proper...

§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 - No plea in abatement or plea of non est factum...

§56-4-33. Same -- Time for Filing Plea in Abatement - No plea in abatement shall be received after the defendant...

§56-4-34. Misjoinder and Nonjoinder of Parties - No action or suit shall abate or be defeated by...

§56-4-35. Verdict and Judgment as to Particular Defendants; Costs - If, in an action at law, to which one or...

§56-4-36. Scope of Demurrer; Objections to Filing of Pleadings for Insufficiency Abolished; Form, Grounds and Argument - The sufficiency of any pleading, in law or equity, may...

§56-4-37. Defects Disregarded on Demurrer - On a demurrer (unless it be to a plea in...

§56-4-38. Pleading in Abatement and in Bar at Same Time; Trial of Issues - The defendant may plead in abatement and in bar at...

§56-4-39. Pleading Several Defenses; Demurrer and Special Replications to Special Plea - The defendant in any action or suit may plead as...

§56-4-40. Commencement of Plea - No formal defense shall be required in a plea. It...

§56-4-41. Unnecessary Allegations in Pleas, etc. - In a plea, replication or subsequent pleading, intended to be...

§56-4-42. Omission of Protestation - No party shall be prejudiced by omitting a protestation in...

§56-4-43. Conclusion of Traverse - All special traverses or traverses with an inducement of affirmative...

§56-4-44. When Parties May Proceed Without Similiter or Joinder in Demurrer - When any party takes issue on another party's pleading, or...

§56-4-45. Unnecessary Allegations in Second or Other Plea - It shall not be necessary to state in a second...

§56-4-46. Pleading Denying Execution of Writing or Entry or Genuineness of Judgment or Decree - Where a declaration or other pleading alleges that any person...

§56-4-47. Plea Denying Partnership; Form of Denial of Corporate Existence - Where plaintiffs or defendants sue or are sued as partners,...

§56-4-48. Judgment or Decree by Confession - In any action or suit instituted by process a defendant...

§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 - If a defendant, who appears, fail to plead, answer or...

§56-4-50. When Inquiry of Damages Unnecessary - There need be no such inquiry in any action upon...

§56-4-51. Office Judgment; Affidavits by Plaintiff and Defendant; Judgment - Every judgment entered in the clerk's office in a case...

§56-4-52. Setting Aside Office Judgment; Trial - If a defendant against whom a judgment is entered in...

§56-4-53. Hearing as to Defendants Served; Discontinuance - Where, in any action against two or more defendants, the...

§56-4-54. Form of Bill of Complaint - The plaintiff's bill may be in form or in substance...

§56-4-55. Jury Trial of Issue Upon Plea in Equity - A plaintiff in equity may take issue upon a plea,...

§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 - A plaintiff in equity may have any plea or demurrer...

§56-4-57. Time to Answer in General - A defendant may file his answer at any time before...

§56-4-58. Claim in Answer for Affirmative Relief; Special Reply - A defendant in a suit in equity may, in his...

§56-4-59. Answer Asking Affirmative Relief Equivalent to Crossbill - When a defendant in equity in his answer alleges new...

§56-4-60. Admissions in Equity by Failure to Deny - Every material allegation of the bill not controverted by an...

§56-4-61. Proof of Allegations Denied by Answer - When a defendant in equity shall, in his answer, deny...

§56-4-62. Verification of Pleadings in Equity - If the plaintiff desire the defendant to answer the bill...

§56-4-63. Appearance of Corporation by Attorney; Verification of Pleading of Corporation - Any corporation may appear, plead or answer by attorney in...

§56-4-64. Form of Verification of Pleading - The verification of any pleading may be by the pleader...

§56-4-65. Exceptions to Answers for Insufficiency Abolished; Test by Demurrer; Amended Answer; Procedure if Amended Answer Is Insufficient - Exceptions to answers for insufficiency are abolished. The test of...

§56-4-66. Attachment or Order to Answer Interrogatories - Although a bill be taken for confessed as to any...

§56-4-67. Insufficient Answer After Rule - If a defendant, after process of contempt, put in an...

§56-4-68. Setting Cause in Equity for Hearing - Whenever a suit in equity is matured at rules as...

§56-4-69. Hearing as to One Defendant; Rule to Mature Cause - If a suit in equity be set for hearing as...

§56-4-70. Control by Court Over Proceedings in Office During Vacation - The court shall have control over all proceedings in the...

§56-4-71. Pleadings and Proof in Actions on Bonds, Notes or Other Evidences of Debt Subject to Taxation - In every action at law, proceeding or suit in equity,...

Article 5. Payment and Setoff

§56-5-1. Payment Before Action Is Brought May Be Pleaded - In any action for the recovery of a debt, the...

§56-5-2. Payment Into Court After Action Is Brought - In any personal action, the defendant may pay into court,...

§56-5-3. Acceptance of Payment Into Court; Trial of Issue as to Residue - The plaintiff may accept such sum, either in full satisfaction...

§56-5-4. Setoff Generally; Plea or Account of Setoff; Counter Setoff; Trial - In a suit for any debt, the defendant may at...

§56-5-5. Special Pleas in the Nature of Pleas of Setoff; Verification - In any action on a contract, the defendant may file...

§56-5-6. When Special Plea Bar to Relief in Equity; Nature of Replication - If a defendant entitled to such plea as is mentioned...

§56-5-7. Application of Article to Voluntary Bonds or Deeds - Nothing in this article shall impair or affect the obligation...

§56-5-8. Setoff as to Part of Demand; Continuance - If the defendant file a plea or account of setoff...

§56-5-9. Status of Defendant With Reference to Setoff; Verdict and Judgment - A defendant who files a plea or account under this...

Article 6. Trial

§56-6-1. Law Docket - Before every term of a circuit court, or any other...

§56-6-2. Chancery Docket - Before every term of a circuit court, or any other...

§56-6-3. Application for Hearing - Any party asking the court to hear a case may,...

§56-6-4. Direction and Trial of Issues Out of Chancery - Any court, wherein is pending a chancery case in which...

§56-6-5. Trial of Action at Law; Separate Verdicts on Different Issues; Interrogatories to Jury - Any court of record having jurisdiction of the trial of...

§56-6-6. Time for Trial, Execution of Order and Rendering of Final Judgment - At the next term after an order at the rules...

§56-6-7. Continuance Upon Affidavit Because of Absence of Witness - If in any case a continuance be asked because of...

§56-6-8. Continuance of Causes at End of Term - All causes on the docket of any court, and all...

§56-6-9. Case Not to Be Discontinued by Failure to Sign Judgment - When a defendant has demurred to, filed a plea to,...

§56-6-10. Stay of Proceedings Until Other Action, Suit or Proceeding Decided - Whenever it shall be made to appear to any court,...

§56-6-11. Execution of Order of Inquiry and Trial of Case by Court; Six-Member Jury in Civil Trials; Twelve-Member Jury in Eminent Domain and Criminal Trials - (a) The court, in an action at law, if neither...

§56-6-12. Qualifications of Jurors; Examination on Voir Dire; Peremptory Challenges - Either party in any action or suit may, and the...

§56-6-12a. Alternate Jurors for Protracted Civil Cases; Qualifications and Challenges - In any civil case, whenever in the opinion of the...

§56-6-13. Special Jury in Civil Cases - (a) Except as provided in subsection (b) of this section,...

§56-6-14. Juror Having Matter of Fact to Be Tried Disqualified - No person shall serve as a juror at any term...

§56-6-15. Exceptions Against Jurors After Being Sworn - No exception shall be allowed against a juror, after he...

§56-6-16. Irregularities Affecting the Jury; Time for Objection - No irregularity in any writ of venire facias, or in...

§56-6-17. View by Jury - The jury may, in any case, at the request of...

§56-6-18. Disclosure by Juror of Knowledge of Facts in Issue - A juror knowing anything relative to a fact in issue...

§56-6-19. Instructions to Jury Generally; Form and Manner of Giving - Upon the trial of any case, civil or criminal, before...

§56-6-20. Reading Instructions to Jury; Instructions Part of Record - All instructions given shall be read by the court to...

§56-6-21. Time for Examining Instructions, Objecting Thereto and Settlement Thereof - The court shall, in the absence of any rule for...

§56-6-22. Oral Instructions by Court; Written Instructions During Trial - Nothing in the three next preceding sections contained shall affect...

§56-6-23. Papers Taken by Jury - Depositions or other papers read in evidence may, by leave...

§56-6-24. Argument of Counsel - Not more than two counsel shall argue in a civil...

§56-6-25. Time Limitation as to Nonsuit - A party shall not be allowed to suffer a nonsuit,...

§56-6-26. How Verdict May Be Affected by Faulty Count - When there are several counts in a declaration, one or...

§56-6-27. Interest on Claim and Verdict - The jury, in any action founded on contract, may allow...

§56-6-28. New Trial - In any civil case or proceeding, the court before which...

§56-6-29. Judgment or Decree to Be for Aggregate of Principal and Interest to Date of Verdict - When there is a recovery on a bond conditioned for...

§56-6-30. Action on Contract for Payments in Installments or on Bond With Collateral Condition - In an action on an annuity bond, or a bond...

§56-6-31. Interest on Judgment or Decree - (a) Except where it is otherwise provided by law, every...

§56-6-32. Recovery Against One or More Contract Defendants - In an action or motion, founded on contract, against two...

§56-6-33. Judgment or Decree Against Personal Representative or Committee; Costs - A judgment or decree against any person as the personal...

§56-6-34. Issuance of Executions During Term - Any circuit court or other court of record, after the...

§56-6-35. Bills of Exceptions Generally - In the trial of a case at law in which...

§56-6-36. Certificate in Lieu of Bill of Exceptions - In lieu of the bill of exceptions provided by the...

§56-6-36a. Settling, Signing and Certifying Bill of Exceptions or Certificate in Lieu Thereof by Judge Other Than Judge Before Whom Case Was Tried - In the event of the death or resignation of, or...

§56-6-37. How Certificate of Trial Judge or Bills of Exceptions to Be Considered; Instructions in Transcript All Presumed to Be Given by Court - The appellate court in reviewing, upon a writ of error...

§56-6-38. Hearing of Chancery Causes in Open Court; Oral Testimony; Rules of Evidence; Transcript for Appeal - Chancery causes may, by leave of the court, and by...

§56-6-39. Hearing of Motion; Action or Chancery Cause in Vacation; Certification, Entry and Effect of Order or Decree - Any motion, civil action at law, or chancery cause, pending...

§56-6-40. Contempt Proceedings in Vacation - The judge of every circuit court or other court of...

§56-6-41. Certification and Entry of Vacation Orders - All orders and decrees made by a judge out of...

Article 7. Procedure on Orders of Reference

§56-7-1. To What Commissioner or Person Accounts to Be Referred; Territorial Jurisdiction; Recommittal - Accounts to be taken in any case shall be referred...

§56-7-2. Order of Reference Before Case on Docket - The judge of any court having jurisdiction to try or...

§56-7-3. Notice by Commissioner - The court ordering an account to be taken may direct...

§56-7-4. Instruction of Commissioner by Judge - A commissioner who doubts as to any point which arises...

§56-7-5. When Account to Be Taken - Every commissioner to whom a cause is referred shall, immediately...

§56-7-6. Proof of Debt Before Commissioner by Affidavit; Counter Affidavit - Every creditor in any chancery cause pending in any court...

§56-7-7. Adjournment of Hearing; Notice of Completion of Report; Exceptions - A commissioner in chancery may adjourn his proceedings from time...

§56-7-8. Contents of Commissioner's Report - The commissioner, or any other person executing an order of...

§56-7-9. When Cause May Be Heard on Report - A cause may be heard upon a commissioner's report at...

§56-7-10. Taking Accounts in Actions at Law - At law, in any case in which it may be...

Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties

§56-8-1. Judgment Upon Death, Conviction or Insanity of Party; Termination of Powers of Guardian, etc. - Where a party dies, or becomes convict of felony, or...

§56-8-2. Death of Joint Party; Revival of Pending Suit or Action - Where such fact occurs in any stage of a cause,...

§56-8-3. Marriage of Female Party - The marriage of a female plaintiff or defendant shall not...

§56-8-4. Cases on Review - If, in any case of appeal, writ of error, or...

§56-8-5. Scire Facias or Motion for Revival; Continuance - In any stage of any case, a scire facias may...

§56-8-6. Time for Issuance of Scire Facias; Entering Order at Rules - The clerk of the court in which the case is...

§56-8-7. Proceedings After Revival Against Defendant Whose Powers Cease - Where the party whose powers cease is defendant, the plaintiff...

§56-8-8. When Suit Discontinued Unless Revived - If the committee, personal representative, heirs, or devisees of the...

§56-8-9. Discontinuance for Failure to Prosecute or Pay Court Costs - Any court in which is pending any case wherein for...

§56-8-10. Death of One of Numerous Parties in Equity - When in any suit in equity the number of parties...

§56-8-11. Death of Trustee and Appointment of Substitute in Pending Suit - In a suit in equity in which it appears that...

§56-8-12. Reinstatement of Dismissed Case or Nonsuit - Any court may, on motion, reinstate on the trial docket...

§56-8-13. Further Proceedings After Reinstatement of Case - All causes in which orders of dismissal have been made,...

Article 9. Removal of Causes

§56-9-1. Removal of Causes Generally; Notice; Motion - A circuit court, or any court of limited jurisdiction established...

§56-9-2. Removal Where It Is Improper for Judge to Hear Case - If the judge of any circuit or other court mentioned...

§56-9-3. Transfer of Papers; Proceedings After Removal; Costs - When any case is ordered to be removed under this...

Article 10. Miscellaneous Provisions Relating to Procedure

§56-10-1. Interpleader - A defendant in an action brought against him for the...

§56-10-2. Who May Execute Bonds Required in Suits - A bond for obtaining any writ or order, in term...

§56-10-3. Recovery of Damages for Detention of Property After Verdict - When a judgment for specific personal property is affirmed by...

§56-10-5. Partition of Goods or Chattels - When an equal division of goods or chattels cannot be...

§56-10-6. Affidavits by Corporations and Agents - An affidavit by or for a corporation may be made...

§56-10-7. Right of Circuit Judge to Hold Hearings and Enter Orders in Any County of Circuit Unless Objection Filed; Jury Cases Excepted - In any (a) appeal from or to review the judgment,...

§56-10-8. Priority of Cases Involving Placement of Children - Any action or motion which involves a contested issue regarding...

Article 11. Judicial Council for Study of Procedure and Practice

§56-11-1. To 56-11-11 - Repealed. Acts, 1986 Reg. Sess., Ch. 153.

Article 12. Uniform Interstate Depositions and Discovery Act

§56-12-1. Short Title - This article may be cited as the Uniform Interstate Depositions...

§56-12-2. Definitions - In this article: “Foreign jurisdiction” means a state other than...

§56-12-3. Issuance of Subpoena - (a) To request issuance of a subpoena under this section,...

§56-12-4. Service of Subpoena - A subpoena issued by a clerk of court under section...

§56-12-5. Deposition, Production and Inspection - The West Virginia Rules of Civil Procedure apply to subpoenas...

§56-12-6. Application to Court - An application to the court for a protective order or...

§56-12-7. Uniformity of Application and Construction - In applying and construing this article, consideration must be given...

§56-12-8. Application to Pending Actions - This article applies to requests for discovery in cases pending...

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West Virginia Code Chapter 56. Pleading and Practice

West Virginia Code
Chapter 56. Pleading and Practice