Rule 5.Serving and filing pleadings and other documents

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 5 requires every pleading, motion, and similar document filed after the original complaint to be served on all parties, sets out the acceptable methods of service, and requires proof of service to be filed with the court.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d)

(a) Service: when required.

(1) In general. Unless these rules provide otherwise, each of the following documents shall be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(D) a written motion, except one that may be heard ex parte and

(E) a written notice, appearance, demand, offer of judgment, designation of record on appeal, or any similar document.

(2) If a party fails to appear. No service is required on a party who is in default for failing to appear except as provided in Rule 55(b)(2). However a pleading that asserts a new claim for relief against such a party shall be served on that party under Rule 4.

(b) Service: How made.

(1) Serving an attorney. If a party is represented by an attorney, service under this rule shall be made on the attorney unless the court orders service on the party.

(2) Service in general. A document is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office at the person's dwelling or usual place of abode with someone the age of 18 or above and of suitable discretion who resides there;

(D) leaving it with the court clerk if the person has no known address;

(E) in counties where West Virginia E-Filing is utilized, by electronic service pursuant to Rule 15 of the West Virginia Trial Court Rules, or otherwise by sending it by facsimile transmission pursuant to Rule 12 of the West Virginia Trial Court Rules;

(F) sending it by other electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(G) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.

(1) In general. If an action involves an unusually large numbers of defendants, the court may, on motion or on its own order that:

(A) defendants’ pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties and

(2) Notifying parties. A copy of every such order shall be served on the parties as the court directs.

(d) Filing; certificate of service.

(1) Any document after the complaint that is required to be served upon a party, together with a certificate of service, shall be filed within a reasonable time after service.

But disclosures under Rule 26(a)(1) or (2), and the following discovery requests and responses, shall not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. Certificates of service of discovery materials shall be filed.

Unless otherwise stipulated or ordered, the party taking a deposition or obtaining any material through discovery is responsible for its custody, preservation, and delivery to the court if needed or ordered. Such responsibility shall not terminate until one year after final disposition of the action. The responsibility shall not terminate upon dismissal of any party while the action is pending. The custodial responsibility of a dismissed party may be discharged by stipulation of the parties to transfer the custody of the discovered material to one or more of the remaining parties.

(2) Electronic filing, signing or verification. A court may allow documents to be filed, signed or verified by electronic means. A document filed electronically is a written document for purposes of these rules. Filing by facsimile is permitted pursuant to the Supreme Court of Appeals Rules for Filing and Service by Facsimile Transmission. Electronic filing and service may be permitted pursuant to the West Virginia Trial Court Rules.

(3) Non-electronic filing. A document not filed electronically is filed by delivering it:

(A) to the clerk; or

(B) to a judge who agrees to accept it for filing, and who shall then note the filing date on the document and promptly send it to the clerk.

End

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

Once a case is underway, Rule 5 keeps everyone in the loop. Every pleading filed after the original complaint, every discovery document, written motion, and similar filing has to be served on every other party — with narrow exceptions, like motions that can be heard without notice to the other side, or documents aimed at a party who's already in default and hasn't appeared.

If a party has a lawyer, service goes to the lawyer, not the party directly, unless the court orders otherwise. Rule 5 lists several acceptable methods: handing the document to the person, leaving it at their office or home, mailing it to their last known address, or — where West Virginia's e-filing system is available — serving it electronically or by fax under the Trial Court Rules. Electronic service by other means requires the recipient's written consent.

In cases with unusually large numbers of defendants, the court can streamline service by ordering that defendants don't need to serve every pleading on every other defendant, and that filing a pleading and serving the plaintiff counts as notice to everyone.

Finally, most documents that are served must also be filed with the court, along with a certificate showing they were served — though routine discovery material like depositions and interrogatories isn't filed until it's used in the case or the court orders it filed.

Frequently Asked Questions

Do I have to serve every document I file in a pending case?

Generally yes — any order requiring service, any pleading after the complaint, discovery documents, written motions, and similar filings must be served on every party, unless a specific exception applies (such as an ex parte motion).

Who gets served if a party has a lawyer?

The lawyer, not the party, unless the court directs otherwise.

Can documents be served electronically in West Virginia?

Yes, in counties using West Virginia E-Filing, service can be made electronically or by fax under the Trial Court Rules. Other electronic service requires the recipient's written consent and generally isn't effective if it doesn't reach them.

Do I need to file discovery materials like depositions with the court?

Not right away. Depositions, interrogatories, and similar discovery documents aren't filed until they're used in the proceeding or the court orders them filed, though a certificate of service for them must still be filed.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 5). 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: certificate of serviceserving pleadingselectronic filing west virginiae-filing service