Rule 18 – Joinder of claims and remedies

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 party.
(b)Joinder of remedies; fraudulent conveyances. – Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to that plaintiff, without first having obtained a judgment establishing the claim for money.

W.Va. R. Civ. P. 18