2023 West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 2. Limitation of Actions and Suits
§55-2-18. Extension of Period for New Action After Dismissal or Reversal Where the Action Is Timely Filed

Universal Citation: WV Code § 55-2-18 (2023)

(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (ii) the judgment was reversed on a ground which does not preclude a filing of new action for the same cause.

(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:

(1) A dismissal for failure to post an appropriate bond;

(2) A dismissal for loss or destruction of records in a former action; or

(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.

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