There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 56. PLEADING AND PRACTICE
ARTICLE 4. RULES AND PLEADING.
§56-4-26. Amendment after demurrer is sustained.
§56-4-26. Amendment after demurrer is sustained.If a demurrer be sustained to a declaration or bill, the plaintiff, upon giving notice to the defendant or defendants who have appeared or to their counsel, may file an amended declaration or bill at any time within the term at which the demurrer was sustained; and thereupon the cause shall proceed as if such amended pleading had been filed at the time when the original declaration or bill was filed; but the court shall allow the defendant a reasonable time to plead to or answer such amended declaration or bill. The plaintiff may, if he so elect, have the cause remanded to rules for amendment.
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