Rule 7.Pleadings allowed; form of motions and other documents
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 7 lists the only pleadings a case can contain -- complaint, answer, and a few others -- and requires every motion to be in writing, state its grounds with particularity, and specify the relief sought.
(1)In general. A request for a court order shall be made by motion. The motion shall:
(A)be in writing unless made during a hearing or trial;
(B)state with particularity the grounds for seeking the order; and
(C)state the relief sought.
(2)Form. The rules governing captions and other matters of form in pleadings apply to motions and other documents.
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
Rule 7 keeps the paperwork of a lawsuit simple. It names exactly seven kinds of pleadings the rules allow: a complaint, an answer to a complaint, an answer to a counterclaim, an answer to a crossclaim, a third-party complaint, an answer to a third-party complaint, and — only if the court orders one — a reply to an answer or third-party answer. Nothing else counts as a pleading.
Everything else a party wants from the court — a request to compel discovery, dismiss a claim, or extend a deadline — is a motion, not a pleading. Rule 7 requires a motion to be in writing (unless made during a hearing or trial), to state its grounds with particularity, and to say exactly what relief it's asking for. The same formatting rules that apply to pleadings, like captions, apply to motions and other filed documents too.
Frequently Asked Questions
What documents count as "pleadings" in a West Virginia civil case?
Only seven: a complaint, an answer to a complaint, an answer to a counterclaim, an answer to a crossclaim, a third-party complaint, an answer to a third-party complaint, and a court-ordered reply. Nothing else is a pleading.
Do I need court permission to file a reply to an answer?
Yes. A reply is only allowed if the court orders one.
What are the requirements for a motion?
It must be in writing (unless made during a hearing or trial), state its grounds with particularity, and specify the relief requested.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 7). 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:types of pleadingsmotion requirementsreply to an answer