by admin | May 14, 2021 | Civil Procedure, West Virginia
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Permissive joinder. – All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Persons to be joined if feasible. – A person who is subject to service of process shall be joined as a party in the action if (1) in the person’s absence complete relief cannot be accorded among those already parties, or (2) the person claims an...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Joinder of claims. – A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Real party in interest. – Every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an express trust, or any other fiduciary, a party with whom or in whose name a contract has been...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Pretrial conferences; objectives. – In any action, the court may in its discretion direct the attorneys for the parties and any unrepresented parties to appear before it for a conference or conferences before trial for such purposes as: (1) Expediting the...
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