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Rule 71.Enforcing relief for or against a nonparty

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

In one sentenceRule 71 lets an order that grants relief for a nonparty, or that could be enforced against a nonparty, be enforced using the same procedure as if that nonparty were an actual party to the case.

Full Text of Rule 71

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When an order grants relief for a nonparty or may be enforced against a nonparty, the procedure for enforcing the order is the same as for a party.

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 71 is a short but useful bridge. Some orders reach beyond the named parties — benefiting someone who never formally joined the case, or binding someone the case wasn't brought against. Rule 71 says the procedure for enforcing that kind of order works the same whether or not the person it affects is a formal party, closing what would otherwise be a procedural gap.

Frequently Asked Questions

Can an order benefit or bind someone who isn't a party to the case?

Yes, and Rule 71 makes sure that when it does, the same enforcement procedure applies as if that person were a party.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 71). 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: enforcing an order against a nonpartyrelief for or against a nonpartynonparty bound by an order