Setting aside a West Virginia default judgment: your year starts at the docket notation
West Virginia procedure · Last verified August 17, 2026
West Virginia's Rule 60(b) gives a year, on the usual grounds. The question that decides whether you are inside it is when the year started, and Rule 55 answers it by cross-reference.
Rule 55(d): "Entry of judgment. The provisions of Rule 58 apply to default judgments."
That short sentence sends you to a rule that fixes the moment of entry precisely — and it is not the day the judge signed.
When the judgment was actually entered
W. Va. R. Civ. P. 58:
Subject to the provisions of Rule 54(b), the court shall promptly settle or approve the form of the judgment and sign it as authority for entry by the clerk. The clerk, forthwith upon receipt of the signed judgment, shall enter it in the civil docket as provided by Rule 79(a). The notation of a judgment in the civil docket as provided by Rule 79(a) constitutes the entry of the judgment; and the judgment is not effective before such entry. The entry of judgment shall not be delayed for the taxing of costs or to permit a motion for a new trial or any other motion permitted by these rules.
| What constitutes entry | the notation of the judgment in the civil docket under Rule 79(a) |
| The judge's signature | authority for entry, not entry itself |
| Before the notation | "the judgment is not effective" |
| Entry is not delayed for | taxing of costs, or any post-judgment motion |
So the one-year clock in Rule 60(b) runs from the docket notation, and where signature and docketing fall on different days, the later date is the one that counts in your favor.
Pull the civil docket and find the notation date before you conclude the year has run.
The same rule cuts the other way too: the judgment was not effective before that notation, so anything done to enforce it earlier is open to question.
The one-year rule
W. Va. R. Civ. P. 60(b) carries the six familiar grounds, and its timing sentence reads:
A motion under Rule 60(b) shall be made within a reasonable time—and for reasons (1), (2) and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.
| Ground | Outer limit |
|---|---|
| (1) mistake, inadvertence, surprise, excusable neglect | 1 year |
| (2) newly discovered evidence | 1 year |
| (3) fraud, misrepresentation, misconduct | 1 year |
| (4) void judgment | reasonable time only |
| (5) satisfied, released, discharged, or no longer equitable | reasonable time only |
| (6) any other reason that justifies relief | reasonable time only |
"After the entry of the judgment" — and Rule 58 defines entry.
Entry of default versus judgment
W. Va. R. Civ. P. 55(c):
Setting aside a default or a default judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).
| Stage | Standard | Deadline |
|---|---|---|
| Entry of default under Rule 55(a) | good cause | none stated |
| Final default judgment | Rule 60(b) | 1 year on (1)–(3) |
Note the word "final" in the second limb. Where a default judgment is not yet final — because Rule 58 entry has not occurred, or because Rule 54(b) applies in a multi-party case — the good-cause route may still be available.
Rule 55(a): "When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk shall enter the party's default." Check that an affidavit or equivalent showing exists.
How the judgment was obtained
Rule 55(b)(1):
By the clerk. If the plaintiff's claim is for a sum certain or for a sum that can be made certain by computation, the clerk—on the plaintiff's request, with an affidavit showing the amount due— shall enter judgment for that amount and costs against a defendant who has been defaulted for appearing and who is neither a minor nor an incompetent person.
Rule 55(b)(2):
By the court. In all other cases, the party shall apply to the court for a default judgment. A default judgment shall be entered against, a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative shall be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any right to a jury trial—when, to enter or effectuate judgment it needs to:
Two checkable points. The clerk route requires a sum certain and an affidavit showing the amount due. And if you had appeared personally or by a representative, 7 days' written notice of the application was owed before the hearing.
If you have not been defaulted yet
See responding to a West Virginia complaint for the deadline and what the answer must contain.
How West Virginia compares
| West Virginia | Virginia | Maryland | Federal | |
|---|---|---|---|---|
| Outer limit on (1)–(3) | 1 year | 21 days, then four narrow grounds | 30 days, then Rule 2-535 | 1 year |
| Entry defined by cross-reference | yes, Rule 58 | no | no | yes |
| Entry occurs at | the docket notation | the judge's signature | entry | docket entry |
| Judgment effective before entry | no, expressly | — | — | no |
| Standard to set aside an entry of default | good cause | good cause | good cause | good cause |
| Notice if you appeared | 7 days | — | — | 7 days |
A short checklist
- Find the docket notation date. That is when the judgment was entered, and when your year began.
- Compare it to the signature date. If they differ, the later one is the one that counts.
- Check whether a judgment exists or only an entry of default. Good cause carries no deadline.
- Check whether the judgment is "final." Rule 55(c)'s Rule 60(b) route applies to a final judgment.
- Check the 7 days' notice if you had appeared in any form.
- If the clerk entered it, confirm a sum certain and an affidavit showing the amount due.
- If a year has passed, work on (4), (5) or (6) — void, satisfied, or any other reason justifying relief.
- Check whether anything was enforced before entry. The judgment was not effective before the docket notation.
Where these rules live
- W. Va. R. Civ. P. 55 — Default
- W. Va. R. Civ. P. 58 — Entry of judgments
- W. Va. R. Civ. P. 60 — Relief from judgment or order
This page explains what the rules say. It isn't legal advice, and what amounts to good cause or excusable neglect is developed in case law this site doesn't cover.