West Virginia Judiciary

Rules of Civil Procedure

WEST VIRGINIA RULES OF CIVIL PROCEDURE

I. SCOPE OF RULES — ONE FORM OF ACTION.

Rule 1. Scope and purpose of rules.
Rule 2. One form of action.

II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS.

Rule 3. Commencement of action. (Amended effective Nov. 10, 2008.)
Rule 4. Summons.
Rule 4.1 Service of other process.
Rule 5. Service and filing of pleadings and other papers. (Amended effective Oct. 9, 2008.)
Rule 6. Time

III. PLEADINGS AND MOTIONS.

Rule 7. Pleadings allowed; form of motions.
Rule 8. General rules of pleading.
Rule 9. Pleading special matters.
Rule 10. Form of pleadings.
Rule 11. Signing of pleadings, motions and other papers; representations to court; sanctions.
Rule 12. Defenses and objections — When and how presented — By pleading or motion — Motion
for judgment on the pleadings.
Rule 13. Counterclaim and cross-claim.
Rule 14. Third-party practice.
Rule 15. Amended and supplemental pleadings.
Rule 16. Pretrial conferences; scheduling; management.

IV. PARTIES.

Rule 17. Parties plaintiff and defendant; capacity.
Rule 18. Joinder of claims and remedies.
Rule 19. Joinder of persons needed for just adjudication.
Rule 20. Permissive joinder of parties.
Rule 21. Misjoinder and nonjoinder of parties.
Rule 22. Interpleader.
Rule 23. Class actions.
Rule 23.1 Derivative actions by shareholders.
Rule 24. Intervention.
Rule 25. Substitution of parties.

V. DEPOSITIONS AND DISCOVERY.

Rule 26. General provisions governing discovery.
Rule 27. Depositions before action or pending appeal.
Rule 28. Persons before whom depositions may be taken.
Rule 29. Stipulations regarding discovery procedure.
Rule 30. Depositions upon oral examination.
Rule 31. Depositions upon written questions.
Rule 32. Use of depositions in court proceedings.
Rule 33. Interrogatories to parties.
Rule 34. Production of documents and things and entry upon land for inspection and other purposes.
Rule 35. Physical and mental examination of persons.
Rule 36. Requests for admission.
Rule 37. Failure to cooperate in discovery; sanctions.

VI. TRIALS.

Rule 38. Jury trial of right.
Rule 39. Trial by jury or by the court.
Rule 40. Assignment of cases for trial.
Rule 41. Dismissal of actions.
Rule 42. Consolidation; separate trials.
Rule 43. Taking of testimony.
Rule 44. Proof of official record.
Rule 44.1 Determination of foreign law.
Rule 45. Subpoena.
Rule 46. Exceptions unnecessary.
Rule 47. Selection of jurors.
Rule 48. Juries of less than six; majority verdict.
Rule 49. Special verdicts and interrogatories.
Rule 50. Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings.
Rule 51. Instructions to jury; objections.
Rule 52. Findings by the court.
Rule 53. Commissioners.

VII. JUDGMENT.

Rule 54. Judgments; costs.
Rule 55. Default.
Rule 56. Summary judgment.
Rule 57. Declaratory judgments.
Rule 58. Entry of judgment.
Rule 59. New trials; amendment of judgments.
Rule 60. Relief from judgment or order.
Rule 61. Harmless error.
Rule 62. Stay of proceedings to enforce a judgment
Rule 63. Disability of a judge after trial.

VIII. PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS.

Rule 64. Seizure of person or property.
Rule 65. Injunctions.
Rule 65.1 Security: Proceedings against sureties.
Rule 66. Receivers.
Rule 67. Deposit in court.
Rule 68. Offer of judgment; payment into court.
Rule 69. Executions and other final process; proceedings in aid thereof.
Rule 70. Judgment for specific acts; vesting title.
Rule 71. Process in behalf of and against persons not parties.
Rule 71A. Eminent domain.
Rule 71B. Extraordinary writs.

IX. APPEALS.

Rule 72. Running of time for appeal.
Rule 73. The record on appeal.
Rules 74 through 76. [Reserved.]

X. COURTS AND CLERKS.

Rule 77. Courts and clerks.
Rule 78. Motion day.
Rule 79. Books and records kept by the clerk and entries therein.
Rule 80. Making transcript or statement of evidence part of the record; authentication thereof, etc.

XI. GENERAL PROVISIONS.

Rule 81. Applicability in general.
Rule 82. Jurisdiction and venue unaffected.
Rule 83. Local rules.
Rule 84. Forms.
Rule 85. Title.
Rule 86. Effective date.
Rule 87. Effective date of amendments.   [Abrogated.]