West Virginia procedural guides

Plain-English guides to the West Virginia Rules of Civil Procedure, each one tied to the rules it relies on. Every rule named in a guide has its own page with the official text.

• Responding to a West Virginia complaint: 30 days, and your answer needs a cover sheetWest Virginia Rule 12(a) gives 30 days after service of the summons and complaint to serve an answer — and every answer must be accompanied by a completed civil case information statement.
• Setting aside a West Virginia default judgment: your year starts at the docket notationWest Virginia Rule 55(d) applies Rule 58 to default judgments, so the one-year clock runs from the notation in the civil docket — not from the judge's signature.
• The West Virginia motion to dismiss: thirty days, then fourteenWest Virginia Rule 12(b) carries the familiar seven defenses, gives 30 days to answer, and 14 days after a denied motion.
• West Virginia summary judgment: 30 days after discovery closes, and the procedures hide inside (c)West Virginia Rule 56 lets a party move until 30 days after the close of all discovery, and folds the federal support-and-objection procedures into subdivision (c) rather than giving them their own letter.
• West Virginia execution: a suggestee execution runs a full year, and the creditor picks the return dateWest Virginia Rule 69 gives a writ of execution a return date of 30 to 90 days chosen by the creditor, and a writ of suggestee execution a return only after one year.
• The West Virginia motion to compel: an early document request is not served when you deliver itWest Virginia Rule 26(d)(2) lets a Rule 34 request be delivered 21 days after service of the complaint, but it counts as served at the first Rule 26(f) conference — which is when the 30-day clock actually starts.
• West Virginia dismissal: three terms to get the case back, and unpaid costs will keep it outWest Virginia Rule 41 allows reinstatement of a dismissed case on motion filed within three terms of court, and bars any reinstatement order until accrued court costs are paid.
• West Virginia subpoenas: counties, not milesWest Virginia measures where a deponent can be made to attend by county rather than by a mileage radius, allows service anywhere in the state, and makes enforcement of the undue-burden duty discretionary.

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