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2009 West Virginia Code
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
- §55-2-1 Entry upon or recovery of lands.
- §55-2-1a Ownership or possession of surface of lands after severance of minerals not adverse to owner of minerals.
- §55-2-2 Claim not to preserve right as to lands.
- §55-2-3 Entry upon or recovery of lands by persons under disability.
- §;55-2-3.
- §55-2-5 Enforcement of liens reserved by conveyance or created by deed of trust or mortgage on real estate.
- §55-2-6 Actions to recover on award or contract other than judgment or recognizance.
- §55-2-6a Deficiencies, injuries or wrongful death resulting from any improvements to real property; limitation of actions and suits.
- §55-2-7 Actions on bonds of personal representatives and fiduciaries.
- §55-2-8 Acknowledgment by new promise.
- §55-2-9 Effect of acknowledgment by personal representative or joint contractor.
- §55-2-10 Effect of devise for payment of debts.
- §55-2-11 Action or scire facias on recognizance.
- §55-2-12 Personal actions not otherwise provided for.
- §55-2-13 Foreign judgments and decrees.
- §55-2-14 Suit to repeal land grant.
- §55-2-15 General saving as to persons under disability.
- §55-2-16 Death before right to sue.
- §55-2-17 When suit prevented by defendant; actions on foreign contracts.
- §55-2-18 Extension of period for new action after dismissal or reversal where the action is timely filed.
- §55-2-19 Application of statute of limitation to state.
- §55-2-19a Collection of taxes due state or any subdivision thereof.
- §55-2-20 Limitations applicable to proceedings pending or rights of action accruing before effective date of code.
- §55-2-21 Statutes of limitation tolled on claims assertible in civil actions when actions commence.
- §55-2-22 Effect of bankruptcy.
ARTICLE 2A. LIMITATION ON FOREIGN CLAIMS.
- §55-2A-1 "Claim" defined.
- §55-2A-2 Period of limitation.
- §55-2A-3 Applicability.
- §55-2A-4 Construction.
- §55-2A-5 Citation.
- §55-2A-6 Repeal.
ARTICLE 3. UNLAWFUL ENTRY OR DETAINER.
- §55-3-1 Issuance of summons.
- §55-3-2 Assessment of damages.
- §55-3-3 Return day and service of summons; plea; issue and trial.
- §55-3-4 Period of limitation; verdict and judgment.
- §55-3-5 Judgment not a bar to action of ejectment; verdict not conclusive of facts in future action; allowance for improvements not precluded.
- §55-3-6 Equitable defenses; adverse possession.
ARTICLE 3A. REMEDIES FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY.
- §55-3A-1 Petition for summary relief for wrongful occupation of residential rental property.
- §55-3A-2 Defenses available.
- §55-3A-3 Proceedings in court; final order; disposition of abandoned personal property.
ARTICLE 3B. REMEDIES FOR WRONGFUL OCCUPATION OF FACTORY-BUILT HOME SITE.
- §55-3B-1 Definitions.
- §55-3B-2 Tenancy of factory-built home site.
- §55-3B-3 Termination of tenancy.
- §55-3B-4 Petition for summary relief for wrongful occupation of residential rental property.
- §55-3B-5 Defenses available.
- §55-3B-6 Proceedings in court; final order; disposition of abandoned personal property.
- §55-3B-7 Waiver.
- §55-4-1 When ejectment a proper remedy.
- §55-4-2 Venue
- §55-4-3 Interest of plaintiff.
- §55-4-4 Parties defendant.
- §55-4-5 How action commenced.
- §55-4-6 Declaration.
- §55-4-7 Joinder of parties plaintiff.
- §55-4-8 Service of declaration and notice; order of publication.
- §55-4-9 Rule to plead; default judgment.
- §55-4-10 Plea or demurrer; issue on plea; evidence admissible.
- §55-4-11 Equitable title of vendee as defense.
- §55-4-12 Payment or performance by mortgagor as defense.
- §55-4-13 Notice of equitable defense; resort to equity not barred.
- §55-4-14 Consent rules not to be used; what plaintiff must prove generally.
- §55-4-14a When proof required of location of reservations or exceptions contained in instruments of title.
- §55-4-15 What plaintiff must prove against cotenant.
- §55-4-16 Extent of possession under patent, deed or other writing.
- §55-4-17 Verdict as to parties.
- §55-4-18 Verdict as to premises.
- §55-4-19 Judgment; assignment of dower.
- §55-4-20 Change in plaintiff's right pending action; additional party plaintiff.
- §55-4-21 Mesne profits and damages.
- §55-4-22 How damages assessed.
- §55-4-23 Claim for improvements.
- §55-4-24 Balance as between damages and improvements.
- §55-4-25 Postponing assessment of damages and allowance for improvements.
- §55-4-26 Effect of judgment.
- §55-4-27 Effect of judgment as to persons under disability.
- §55-4-28 Right to recover mesne profits and damages against person other than defendant.
- §55-4-29 Default or surrender by tenant for life.
- §55-4-30 Right of entry not tolled by descent cast.
- §55-4-31 Petition for ascertainment and designation of boundary line or lines of real estate.
- §55-4-31a Resolution of boundary disputes; corrective deeds; petition for ascertainment and designation of boundary line or lines of real estate.
ARTICLE 5. ALLOWANCE FOR IMPROVEMENTS.
- §55-5-1 Method of asserting claim.
- §55-5-2 Valuation of improvements made by defendant before notice of title.
- §55-5-3 Liability of defendant for annual value of premises and damages -- Assessment of damages for plaintiff.
- §55-5-4 Same -- For what period defendant liable.
- §55-5-5 Verdict for balance after damages set off against improvements; entry of judgment.
- §55-5-6 Judgment lien.
- §55-5-7 Reimbursement of life tenant by remainderman or reversioner.
- §55-5-8 Exception as to mortgagees and trustees.
- §55-5-9 Plaintiff may require his estate only to be valued -- By entry on record.
- §55-5-10 Same -- How estimated.
- §55-5-11 Same -- Relinquishment of estate to defendant at value ascertained.
- §55-5-12 Same -- Same -- How value paid; sale of land for failure to make payments; deficiency.
- §55-5-13 Same -- Same -- Disposition of value when party under disability.
- §55-5-14 Same -- Same -- Eviction of defendant; recovery of amount paid.
ARTICLE 6. RECOVERY OF PERSONAL PROPERTY.
- §55-6-1 Immediate recovery of possession of personal property; notice and prejudgment hearing.
- §55-6-2 Finding of fact by court or magistrate; bond; order for seizure.
- §55-6-3 Seizure of property by officer.
- §55-6-4 Return of property to defendant upon execution of bond.
- §55-6-5 Exception to sufficiency of sureties.
- §55-6-6 Verdict and judgment.
- §55-6-7 Execution.
ARTICLE 7. ACTIONS FOR INJURIES.
- §55-7-1 Seduction.
- §55-7-2 Insulting words.
- §55-7-3 Unlawful seizure or attachment.
- §55-7-4 Action of replevin abolished.
- §55-7-5 Action for death by wrongful act.
- §55-7-6 By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation.
- §55-7-7 Compromise of claim for death by wrongful act.
- §55-7-8 Personal injury action where injuries result in death.
- §55-7-8a Actions which survive; limitations; law governing such actions.
- §55-7-9 Violation of statutes.
- §55-7-10 Trespass abolished; trespass on the case to lie in lieu thereof.
- §55-7-11 Suits against unincorporated common carriers.
- §55-7-11a Settlement, release or statement within twenty days after personal injury; disavowal; certain expressions of sympathy inadmissible as evidence.
- §55-7-12 Liability of one joint tort-feasor not affected by release to, or accord and satisfaction with, another.
- §55-7-13 Contribution by joint tort-feasors.
- §55-7-14 Liability of visual or sound broadcasting stations for defamatory statements.
- §55-7-15 Aid to victim of accident and victim of crime; immunity from civil liability.
- §55-7-16 Immunity from liability for ski patrol rendering emergency care.
- §55-7-17 Aid by trained hazardous substance response personnel; immunity from civil liability; definitions.
- §55-7-18 Limiting liability of home care service providers, daycare centers and residential care facilities disclosing certain employment information.
- §55-7-18a Employer immunity from liability; disclosure of information regarding former employees.
- §55-7-19 Liability of physicians who render services at school athletic events; limiting liability; exceptions.
- §55-7-20 Limiting civil liability of nonprofits for arranging passage on excursion trains.
- §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.
- §55-7-22 Civil relief for persons resisting certain criminal activities.
- §55-7-23 Prescription drugs and medical devices; limiting health care providers' liability exposure.
- §55-7-24 Apportionment of damages.
- §55-7-25 Personal injury and wrongful death actions; complaint; specific amount of damages not to be stated.
ARTICLE 7A. LIABILITY OF PARENTS.
- §55-7A-1 Legislative findings; declaration of legislative intent.
- §55-7A-2 Parental liability for willful, malicious or criminal acts of children.
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.
- §55-7B-1 Legislative findings and declaration of purpose.
- §55-7B-2 Definitions.
- §55-7B-3 Elements of proof.
- §55-7B-4 Health care injuries; limitations of actions; exceptions.
- §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.
- §55-7B-6 Prerequisites for filing an action against a health care provider; procedures; sanctions.
- §55-7B-6a Access to medical records.
- §55-7B-6b Expedited resolution of cases against health care providers; time frames.
- §55-7B-6c Summary jury trial.
- §55-7B-6d Twelve-member jury trial.
- §55-7B-7 Testimony of expert witness on standard of care.
- §55-7B-8 Limit on liability for noneconomic loss.
- §55-7B-9 Several liability.
- §55-7B-9a Reduction in compensatory damages for economic losses for payments from collateral sources the same injury.
- §55-7B-9b Limitations on third-party claims.
- §55-7B-9c Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.
- §55-7B-10 Effective date; applicability of provisions.
- §55-7B-11 Severability.
- §55-7B-12 Self-funding program; requirements; minimum standards.
ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED DIRECTORS OF CERTAIN GOVERNMENTAL AND NONPROFIT ENTITIES.
- §55-7C-1 Findings and declaration of public purpose.
- §55-7C-2 Definitions.
- §55-7C-3 Limited civil liability of qualified directors.
- §55-7C-4 Applicability of provisions.
ARTICLE 7D. GOOD SAMARITAN FOOD DONATION ACT.
- §55-7D-1 Legislative findings.
- §55-7D-2 Definitions.
- §55-7D-3 Limiting liability of persons or corporations who donate food or grocery products; exceptions.
- §55-7D-4 Limitation of liability for landowners or occupiers who allow collection or gleaning of donations; exceptions.
- §55-7D-5 Construction.
ARTICLE 8. ACTIONS ON CONTRACTS.
- §55-8-1 Jurisdiction in proceedings on penal bonds.
- §55-8-2 Action of debt or assumpsit on note or writing; action of debt for any past-due installment.
- §55-8-3 Action of assumpsit for breach of contract.
- §55-8-4 General issue in debt or assumpsit on sealed instrument.
- §55-8-5 Validity of writing payable to person dead at time of execution.
- §55-8-6 Liability of personal representative of deceased joint judgment debtor, obligor, promissor or partner.
- §55-8-7 Action against makers, drawers, endorsers, acceptors, assignors or absolute guarantors.
- §;55-8-7; judgment to affect only estate of decedent.
- §55-8-9 Action by assignee in own name; defenses and setoff; joinder of claims.
- §55-8-10 Assignee entitled to recover from assignor; defenses allowed.
- §55-8-11 Limitation on jurisdiction of equity as to suit by assignee.
- §55-8-12 Third party may sue on covenant or promise made for his sole benefit.
- §55-8-13 Action of account.
- §55-8-14 Agreements to indemnify against sole negligence of the indemnitee, his agents or employees against public policy; no action maintainable thereon; exceptions.
- §55-8-15 Choice of law for computer information agreements.
- §55-9-1 Gaming contracts void.
- §55-9-2 Recovery of money or property lost in gaming.
- §55-9-3 Recovery of gaming losses by bill in equity; repayment discharges winner from punishment.
- §55-10-1 Submission of controversy; defenses; setoff.
- §55-10-2 Submission irrevocable; extension of time for award.
- §55-10-3 Entry of award as judgment or decree; compensation of arbitrators.
- §55-10-4 Setting aside award; equity jurisdiction not affected.
- §55-10-5 Rehearing by arbitrators.
- §55-10-6 When award may be modified or corrected.
- §55-10-7 Fiduciary may submit to arbitration.
- §55-10-8 Umpires.
- §55-11-1 Lis pendens record.
- §55-11-2 Notice of lis pendens; recordation and indexing thereof.
- §55-11-3 Limitations on notice of lis pendens.
- §55-12-1 Order for sale of property; terms; sale by special commissioner or receiver; bond; deposit of proceeds; penalties.
- §55-12-2 Notice of sale; contents; publication.
- §55-12-3 Certificate as to bond to be appended to notice of sale; effect thereof.
- §55-12-4 Report of sale.
- §55-12-5 When sheriff to execute decree or order of sale.
- §55-12-6 Rate of commission for services of special commissioner.
- §55-12-7 Appointment of commissioner to execute deed; effect of execution.
- §55-12-8 Title of purchaser not affected by reversal of decree of sale; restitution of proceeds.
ARTICLE 12A. LEASE AND CONVEYANCE OF MINERAL INTERESTS OWNED BY MISSING OR UNKNOWN OWNERS OR ABANDONING OWNERS.
- §55-12A-1 Legislative intent.
- §55-12A-2 Definitions.
- §55-12A-3 Jurisdiction of the circuit court.
- §55-12A-4 When court may appoint special commissioner; persons authorized to institute proceedings.
- §55-12A-5 Persons to be joined as defendants; contents of verified petition; notice; guardian ad litem.
- §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 establish identity and title.
- §55-12A-7 When special commissioner may convey title in mineral interest to surface owner; form of deed; payment to surface owner; final report of special commissioner.
- §55-12A-8 Petitioner's attorneys' fees, expenses and court costs.
- §55-12A-9 Limitation of action by unknown or missing owner or abandoning owner.
- §55-12A-10 Severability.
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.
- §55-13-2 Who may have determination and obtain declaration.
- §55-13-3 Construction of contract before or after breach.
- §55-13-4 Declaration concerning trusts and estates.
- §;55-13-1.
- §55-13-6 When court may refuse judgment.
- §55-13-7 Review.
- §55-13-8 Further relief.
- §55-13-9 Trial and determination of issues of fact.
- §55-13-10 Costs.
- §55-13-11 Parties.
- §55-13-12 Article remedial; liberal construction and administration thereof.
- §55-13-13 "Person" defined.
- §55-13-14 Severability.
- §55-13-15 Interpretation and construction of article.
- §55-13-16 Citation of article.
ARTICLE 14. UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
- §55-14-1 Definitions.
- §55-14-2 Filing and status of foreign judgments.
- §55-14-3 Notice of filing.
- §55-14-4 Stay.
- §55-14-5 Fees.
- §55-14-6 Optional procedure.
- §55-14-7 Uniformity of interpretation.
- §55-14-8 Short title.
ARTICLE 15. ALTERNATIVE DISPUTE RESOLUTION COMMISSION.
- §55-15-1 Legislative findings and purpose.
- §55-15-2 Alternative dispute resolution commission created; composition; appointment of members; chairman.
- §55-15-5 Meetings of the commission; quorum.
- §55-15-6 Interpretation of article; termination of commission.
ARTICLE 16. CIVIL REMEDY FOR WORTHLESS CHECK.
ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE.
- §55-17-1 Findings; purpose.
- §55-17-2 Definitions.
- §55-17-3 Preliminary procedures; service on Attorney General; notice to the Legislature.
- §55-17-4 Procedures pending action.
- §55-17-5 Notice of settlement, seizure or forfeiture.
- §55-17-6 Construction of article.
ARTICLE 18. LIMITATIONS OF ACTIONS REGARDING FIREARMS MANUFACTURE AND SALE.
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