(a) A civil action is commenced by filing a complaint with the court. For a complaint naming more than one individual plaintiff not related by marriage, a derivative or fiduciary relationship, each plaintiff shall be assigned a separate civil action number and be docketed as a separate civil action and be charged a separate fee by the clerk of a circuit court.
Rule 3.Commencing an action
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 3 explains that a civil action begins when a complaint is filed with the court, and requires multi-plaintiff complaints to be docketed separately and every complaint to include a completed civil case information statement.
Full Text of Rule 3
(b) Every complaint shall be accompanied by a completed civil case information statement, or the electronic equivalent, in the form prescribed by the Supreme Court of Appeals.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Filing is what starts the clock. Under Rule 3, a case officially becomes a pending civil action the moment the plaintiff files a complaint with the court — not when the defendant is served, and not when a summons issues.
The rule adds two administrative requirements. First, if a complaint names more than one individual plaintiff who isn't related by marriage or by a derivative or fiduciary relationship, the clerk gives each of those plaintiffs a separate civil action number and charges a separate filing fee — so unrelated plaintiffs can't bundle their claims under one case number to save on costs. Second, every complaint must come with a completed civil case information statement (or its electronic equivalent), a form the Supreme Court of Appeals prescribes to help courts track and manage cases.
Frequently Asked Questions
When does a lawsuit officially start in West Virginia?
When the plaintiff files the complaint with the court. Service of the summons on the defendant happens afterward and is governed by Rule 4.
Can several unrelated plaintiffs file one complaint to share a single filing fee?
Not if they aren't related by marriage or by a derivative or fiduciary relationship. Rule 3 requires the clerk to assign each such plaintiff a separate civil action number and collect a separate fee, even if their claims are described in a single document.
What is a civil case information statement?
A form prescribed by the Supreme Court of Appeals that must accompany every complaint. It helps the court classify and manage the case from the outset.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 3). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: filing a complaintstarting a lawsuitcivil action numbercivil case information statement