by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Capacity. – It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Claims for relief. – A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief, and (2)...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Pleadings. – There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Computation. – In computing any period of time prescribed or allowed by these rules, by the local rules of any court, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Service: when required. – Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating...
by admin | May 14, 2021 | Civil Procedure, West Virginia
(a)Generally. – Whenever an order of court provides for service of a rule, or order in lieu of summons or a rule, upon a party, service shall be made in the manner provided in Rule 4(d), unless the order prescribes a different mode of service. Rule 45 governs...
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