West Virginia Judiciary

Rules of Civil Procedure

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The West Virginia Rules of Civil Procedure

Table of Contents
  1. Scope of Rule – One Form of Action
    1. Scope and purpose of rule
    2. One form of action
  2. Commencement of Action; Service of Process, Pleadings, Motions and Orders
    1. Commencement of action
    2. Summons
      1. Service of other process
    3. Service and filing of pleadings and other papers
    4. Time
  3. Pleadings and Motions
    1. Pleadings allowed; form of motions
    2. General rules of pleading
    3. Pleading special matters
    4. Form of pleadings
    5. Signing of pleadings, motions and other papers; representations to court; sanctions
    6. Defenses and objections – When and how presented – By pleading or motion – Motion for judgement on the pleadings
    7. Counterclaim and cross-claim
    8. Third-party practice
    9. Amended and supplemental pleadings
    10. Pretrial conferences; scheduling; management
  4. Parties
    1. Parties plaintiff and defendant; capacity
    2. Joinder of claims and remedies
    3. Joinder of persons needed for just adjudication
    4. Permissive joinder of parties
    5. Misjoinder and nonjoinder of parties
    6. Interpleader
    7. Class actions
      1. Derivativee actions by shareholders
      2. Actions relating to unincorporated associations
    8. Intervention
    9. Substitution of parties
  5. Depositions and Discovery
    1. General provisions governing discovery
    2. Depositions before action or pending appeal
    3. Persons before whom depositions may be taken
    4. Stipulations regarding discovery procedure
    5. Depositions upon oral examination
    6. Depositions upon written questions
    7. Use of depositions in court proceedings
    8. Interrogatories to parties
    9. Produciton of documents and things and entry upon land for inspection and other purposes
    10. Physical and mental examination of persons
    11. Requests for admission
    12. Failure to cooperate in discovery; sanctions
  6. Trials
    1. Jury trial of right
    2. Trial by jury or by the court
    3. Assignment of cases for trial
    4. Dismissal of actions
    5. Consolidation; separate trials
    6. Taking of testimony
    7. Proof of official record
      1. Determination of foreign law
    8. Subpoena
    9. Exceptions unnecessary
    10. Selection of jurors
    11. Juries of less than six; majority verdict
    12. Special verdicts and interrogatories
    13. Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings
    14. Instructions to jury; objections
    15. Findings by the court
    16. Comissioners
  7. Judgment
    1. Judgments; costs
    2. Default
    3. Summary Judgment
    4. Declaratory judgments
    5. Entry of judgment
    6. New trials; amendment of judgments
    7. Relief from judgment or order
    8. Harmless error
    9. Stay of proceedings to enforce a judgment
    10. Disability of a judge after trial
  8. Provisional and Final Remedies and Special Proceedings
    1. Seizure of person or property
    2. Injunctions
      1. Security; Proceedings against sureties
    3. Receivers
    4. Deposit in court
    5. Offer of judgment; payment into court
    6. Executions and other final process; proceedings in aid thereof
    7. Judgment for specefic acts; vesting title
    8. Process in behalf of and against persons not parties
      1. Eminent domain
      2. Extraordinary writs
  9. Appeals
    1. Running of time for appeal
    2. The record on appeal
    3. [Reserved]
    4. [Reserved]
    5. [Reserved]
  10. Courts and Clerks
    1. Courts and Clerks
    2. Motion day
    3. Books and records kept by the clerk and entries therein
    4. Making transcript or statement of evidence part of the record; authentication thereof, etc.
  11. General Provisions
    1. Applicability in general
    2. Jurisdiction and venue unaffected
    3. Local rules
    4. Forms
    5. Title
    6. Effective date
    7. Effective date of amendments [Abrogated]