2009 West Virginia Code
CHAPTER 56. PLEADING AND PRACTICE

ARTICLE 1. VENUE. 

• §56-1-1 Venue generally.
• §56-1-1a Forum non conveniens.
• §56-1-2 Repealed

ARTICLE 2. NOTICES AND MOTIONS. 

• §56-2-1 Service of notices; personal service; substituted service; return.
• §56-2-2 Service by publication.
• §56-2-3 Notice to take depositions.
• §56-2-4 Motion on certain bonds.
• §56-2-5 Notice of motion for judgment.
• §56-2-6 Motion for judgment on contracts; affidavit of claim; plea and counter affidavit; judgment; discontinuance; defense.
• §56-2-7 Trial by jury.
• §56-2-8 Collection of forfeitures; prosecuting attorney's fees.

ARTICLE 3. WRITS, PROCESS AND ORDER OF PUBLICATION. 

• §56-3-1 Ancient writs.
• §56-3-2 Writs abolished.
• §56-3-2a Actions for breach of promise to marry and for alienation of affections prohibited.
• §56-3-3 Forms of writs and other process.
• §56-3-4 Issuance of process; alteration.
• §56-3-5 To whom process directed; return of process; return of summons for witness.
• §56-3-6 Delivery of process.
• §56-3-7 Officer's receipt of process.
• §56-3-8 Proof of mailing process to officer.
• §56-3-9 Service in other county; return.
• §56-3-10 Clerk's receipt of process sent by mail; postage due.
• §56-3-11 Execution and validity of service generally; execution when sheriff is disqualified; service when original is returned not executed.
• §56-3-12 Service of summons or scire facias; finality of judgment by default on scire facias or summons.
• §56-3-13 Service of process or notice on domestic corporations.
• §56-3-13a Service of process or notice on domestic and foreign limited partnerships; service by publication.
• §56-3-14 Service of process or notice on foreign corporations.
• §56-3-15 Service of process or notice on common carriers other than corporations.
• §56-3-16 Execution of process on Sunday.
• §56-3-17 Where process may be executed.
• §56-3-18 When officer may summon assistance; failure to assist.
• §56-3-19 Officer's service and return of process; failure to make proper return; false return.
• §56-3-20 Further liability for failure to make proper return.
• §56-3-21 Alias process.
• §56-3-22 Judgment on return nihil.
• §56-3-23 Service by publication generally.
• §56-3-24 Contents of order of publication; publishing.
• §56-3-25 Failure to appear in response to publication; trial or hearing.
• §56-3-26 Rehearing in case of nonpersonal service.
• §56-3-27 Order of publication in supreme court of appeals.
• §56-3-28 Requisites of publication in supreme court of appeals.
• §56-3-29 Rehearing in supreme court of appeals.
• §56-3-30 Repealed
• §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.
• §56-3-32 Process is part of record without oyer.
• §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.
• §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.

ARTICLE 4. RULES AND PLEADING. 

• §56-4-1 Rule days.
• §56-4-2 Rule docket.
• §56-4-3 Rule entries.
• §56-4-4 Continuance at rules in absence of clerk.
• §56-4-5 What rules may require.
• §56-4-6 Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages.
• §56-4-7 Dismissal for failure to file declaration or bill.
• §56-4-8 Return to show defendant's nonresidence; abatement as to nonresident not served.
• §56-4-9 Minors may sue by next friend or guardian; substitution of plaintiffs.
• §56-4-10 Guardian ad litem.
• §56-4-11 Transfer of cases from law to equity and vice versa.
• §56-4-12 Abatement for want of form in declaration.
• §56-4-13 Unnecessary averments in trespass on the case.
• §56-4-14 Allegations of place where contract was made or act done.
• §56-4-15 Averments as to jurisdiction; profert; oyer.
• §56-4-16 Allegations not traversable nor requiring proof.
• §56-4-17 Form of declaration or count on insurance policy.
• §56-4-18 Filing account in assumpsit.
• §56-4-19 Statement of particulars of claim.
• §56-4-20 Statement of particulars of defense.
• §56-4-21 Plea in action on insurance policy; statement specifying particular defense.
• §56-4-22 Same -- Joinder in issue; statement specifying matter in waiver, estoppel or confession and avoidance.
• §56-4-23 Failure to file statement; insufficient statement; amendment; exclusion of evidence of party in default; sufficiency of statement.
• §56-4-24 Right to amend in general.
• §56-4-25 Amended declaration or bill, supplemental bill or bill of revivor in vacation.
• §56-4-26 Amendment after demurrer is sustained.
• §56-4-27 Amendment to cure variance between pleading and proof.
• §56-4-28 Continuance and costs after amendment.
• §56-4-29 Plea in abatement -- Misnomer; amendment inserting correct name.
• §56-4-30 Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.
• §56-4-31 Same -- Plea in abatement for want of jurisdiction.
• §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.
• §56-4-33 Same -- Time for filing plea in abatement.
• §56-4-34 Misjoinder and nonjoinder of parties.
• §56-4-35 Verdict and judgment as to particular defendants; costs.
• §56-4-36 Scope of demurrer; objections to filing of pleadings for insufficiency abolished; form, grounds and argument.
• §56-4-37 Defects disregarded on demurrer.
• §56-4-38 Pleading in abatement and in bar at same time; trial of issues.
• §56-4-39 Pleading several defenses; demurrer and special replications to special plea.
• §56-4-40 Commencement of plea.
• §56-4-41 Unnecessary allegations in pleas, etc.
• §56-4-42 Omission of protestation.
• §56-4-43 Conclusion of traverse.
• §56-4-44 When parties may proceed without similiter or joinder in demurrer.
• §56-4-45 Unnecessary allegations in second or other plea.
• §56-4-46 Pleading denying execution of writing or entry or genuineness of judgment or decree.
• §56-4-47 Plea denying partnership; form of denial of corporate existence.
• §56-4-48 Judgment or decree by confession.
• §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.
• §56-4-50 When inquiry of damages unnecessary.
• §56-4-51 Office judgment; affidavits by plaintiff and defendant; judgment.
• §56-4-52 Setting aside office judgment; trial.
• §56-4-53 Hearing as to defendants served; discontinuance.
• §56-4-54 Form of bill of complaint.
• §56-4-55 Jury trial of issue upon plea in equity.
• §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.
• §56-4-57 Time to answer in general.
• §56-4-58 Claim in answer for affirmative relief; special reply.
• §56-4-59 Answer asking affirmative relief equivalent to crossbill.
• §56-4-60 Admissions in equity by failure to deny.
• §56-4-61 Proof of allegations denied by answer.
• §56-4-62 Verification of pleadings in equity.
• §56-4-63 Appearance of corporation by attorney; verification of pleading of corporation.
• §56-4-64 Form of verification of pleading.
• §56-4-65 Exceptions to answers for insufficiency abolished; test by demurrer; amended answer; procedure if amended answer is insufficient.
• §56-4-66 Attachment or order to answer interrogatories.
• §56-4-67 Insufficient answer after rule.
• §56-4-68 Setting cause in equity for hearing.
• §56-4-69 Hearing as to one defendant; rule to mature cause.
• §56-4-70 Control by court over proceedings in office during vacation.
• §56-4-71 Pleadings and proof in actions on bonds, notes or other evidences of debt subject to taxation.

ARTICLE 5. PAYMENT AND SETOFF. 

• §56-5-1 Payment before action is brought may be pleaded.
• §56-5-2 Payment into court after action is brought.
• §56-5-3 Acceptance of payment into court; trial of issue as to residue.
• §56-5-4 Setoff generally; plea or account of setoff; counter setoff; trial.
• §56-5-5 Special pleas in the nature of pleas of setoff; verification.
• §56-5-6 When special plea bar to relief in equity; nature of replication.
• §56-5-7 Application of article to voluntary bonds or deeds.
• §56-5-8 Setoff as to part of demand; continuance.
• §56-5-9 Status of defendant with reference to setoff; verdict and judgment.

ARTICLE 6. TRIAL. 

• §56-6-1 Law docket.
• §56-6-2 Chancery docket.
• §56-6-3 Application for hearing.
• §56-6-4 Direction and trial of issues out of chancery.
• §56-6-5 Trial of action at law; separate verdicts on different issues; interrogatories to jury.
• §56-6-6 Time for trial, execution of order and rendering of final judgment.
• §56-6-7 Continuance upon affidavit because of absence of witness.
• §56-6-8 Continuance of causes at end of term.
• §56-6-9 Case not to be discontinued by failure to sign judgment.
• §56-6-10 Stay of proceedings until other action, suit or proceeding decided.
• §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, medical professional liability and criminal trials.
• §56-6-12 Qualifications of jurors; examination on voir dire; peremptory challenges.
• §56-6-12a Alternate jurors for protracted civil cases; qualifications and challenges.
• §56-6-13 Special jury in civil cases.
• §56-6-14 Juror having matter of fact to be tried disqualified.
• §56-6-15 Exceptions against jurors after being sworn.
• §56-6-16 Irregularities affecting the jury; time for objection.
• §56-6-17 View by jury.
• §56-6-18 Disclosure by juror of knowledge of facts in issue.
• §56-6-19 Instructions to jury generally; form and manner of giving.
• §56-6-20 Reading instructions to jury; instructions part of record.
• §56-6-21 Time for examining instructions, objecting thereto and settlement thereof.
• §56-6-22 Oral instructions by court; written instructions during trial.
• §56-6-23 Papers taken by jury.
• §56-6-24 Argument of counsel.
• §56-6-25 Time limitation as to nonsuit.
• §56-6-26 How verdict may be affected by faulty count.
• §56-6-27 Interest on claim and verdict.
• §56-6-28 New trial.
• §56-6-29 Judgment or decree to be for aggregate of principal and interest to date of verdict.
• §56-6-30 Action on contract for payments in installments or on bond with collateral condition.
• §56-6-31 Interest on judgment or decree.
• §56-6-32 Recovery against one or more contract defendants.
• §56-6-33 Judgment or decree against personal representative or committee; costs.
• §56-6-34 Issuance of executions during term.
• §56-6-35 Bills of exceptions generally.
• §56-6-36 Certificate in lieu of bill of exceptions.
• §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.
• §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.
• §56-6-38 Hearing of chancery causes in open court; oral testimony; rules of evidence; transcript for appeal.
• §56-6-39 Hearing of motion; action or chancery cause in vacation; certification, entry and effect of order or decree.
• §56-6-40 Contempt proceedings in vacation.
• §56-6-41 Certification and entry of vacation orders.

ARTICLE 7. PROCEDURE ON ORDERS OF REFERENCE. 

• §56-7-1 To what commissioner or person accounts to be referred; territorial jurisdiction; recommittal.
• §56-7-2 Order of reference before case on docket.
• §56-7-3 Notice by commissioner.
• §56-7-4 Instruction of commissioner by judge.
• §56-7-5 When account to be taken.
• §56-7-6 Proof of debt before commissioner by affidavit; counter affidavit.
• §56-7-7 Adjournment of hearing; notice of completion of report; exceptions.
• §56-7-8 Contents of commissioner's report.
• §56-7-9 When cause may be heard on report.
• §56-7-10 Taking accounts in actions at law.

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.
• §56-8-2 Death of joint party; revival of pending suit or action.
• §56-8-3 Marriage of female party.
• §56-8-4 Cases on review.
• §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.
• §56-8-12 Reinstatement of dismissed case or nonsuit.
• §56-8-13 Further proceedings after reinstatement of case.

ARTICLE 9. REMOVAL OF CAUSES. 

• §56-9-1 Removal of causes generally; notice; motion.
• §56-9-2 Removal where it is improper for judge to hear case.
• §56-9-3 Transfer of papers; proceedings after removal; costs.

ARTICLE 10. MISCELLANEOUS PROVISIONS RELATING TO PROCEDURE. 

• §56-10-1 Interpleader.
• §56-10-2 Who may execute bonds required in suits.
• §56-10-3 Recovery of damages for detention of property after verdict.
• §56-10-4 Repealed
• §56-10-5 Partition of goods or chattels.
• §56-10-6 Affidavits by corporations and agents.
• §56-10-7 Right of circuit judge to hold hearings and enter orders in any county of circuit unless objection filed; jury cases excepted.
• §56-10-8 Priority of cases involving placement of children.

ARTICLE 11. JUDICIAL COUNCIL FOR STUDY OF PROCEDURE AND PRACTICE. 

• §16756-11-1to56-11-11 Repealed