There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 56. PLEADING AND PRACTICE
ARTICLE 4. RULES AND PLEADING.
§56-4-25. Amended declaration or bill, supplemental bill or bill of revivor in vacation.
§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 the appearance of the defendant, in vacation of the court wherein the action or suit is pending, file in the clerk's office an amended declaration or bill, supplemental bill or bill of revivor in such suit; whereupon the clerk shall issue a summons against the defendant, requiring him to plead to or answer such amended declaration or bill. But if the court shall be of the opinion that the same was improperly filed, it shall dismiss such declaration or bill at the cost of the plaintiff.
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