The West Virginia motion to dismiss: thirty days, then fourteen
West Virginia procedure · Last verified August 17, 2026
West Virginia's Rule 12 follows the federal model closely. What varies is the calendar: 30 days to answer — nine more than the federal rule — and 14 days after a denial.
The deadlines
| Event | Time |
|---|---|
| Answer a complaint | 30 days from service |
| After a denied motion, or a deferral to trial | 14 days from notice |
| After a granted more-definite-statement motion | 14 days |
Thirty days is among the more generous state periods, and it applies from service of the summons and complaint.
The seven defenses
W. Va. R. Civ. P. 12(b):
But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; or (
The list is the federal seven, in the federal order, using the restyled wording. Venue stays inside the rule at position (3), so a wrong-county objection is a Rule 12 ground here.
The usual structure follows: the motion must be made before pleading if a further pleading is permitted, joining defenses waives nothing, and a motion asserting failure to state a claim converts to summary judgment if outside material is presented and not excluded.
Where this connects
West Virginia defines the moment of entry by cross-reference, which decides when your Rule 60(b) year starts running: Rule 55(d) applies Rule 58 to default judgments, and entry occurs at the notation in the civil docket, not at the judge's signature. See setting aside a West Virginia default judgment.
For the answer itself, see responding to a West Virginia complaint.
How West Virginia compares
| West Virginia | Virginia | Maryland | Federal | |
|---|---|---|---|---|
| Time to answer | 30 days | 21 days | 30 days | 21 days |
| After a denied motion | 14 days | — | — | 14 days |
| Enumerated grounds | seven | demurrer | mandatory/permissive split | seven |
| Venue inside the rule | yes | no | yes, mandatory | yes |
A short checklist
- Diarise 30 days from service.
- Move before you plead if a further pleading is permitted.
- Put every available ground in one motion. Joining waives nothing.
- Include venue — West Virginia keeps it inside Rule 12.
- Plan for 14 days to answer if the motion is denied.
- Watch for conversion if you attach material outside the pleadings.
Where these rules live
- W. Va. R. Civ. P. 8 — General rules of pleading
- W. Va. R. Civ. P. 12 — Defenses and objections
- W. Va. R. Civ. P. 15 — Amended and supplemental pleadings
- W. Va. R. Civ. P. 56 — Summary judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.