56-4-1 Rule days
56-4-2 Rule docket
56-4-3 Rule entries
56-4-4 Continuance at rules in absence of clerk
56-4-5 What rules may require
56-4-6 Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages
56-4-7 Dismissal for failure to file declaration or bill
56-4-8 Return to show defendant’s nonresidence; abatement as to nonresident not served
56-4-9 Minors may sue by next friend or guardian; substitution of plaintiffs
56-4-10 Guardian ad litem
56-4-11 Transfer of cases from law to equity and vice versa
56-4-12 Abatement for want of form in declaration
56-4-13 Unnecessary averments in trespass on the case
56-4-14 Allegations of place where contract was made or act done
56-4-15 Averments as to jurisdiction; profert; oyer
56-4-16 Allegations not traversable nor requiring proof
56-4-17 Form of declaration or count on insurance policy
56-4-18 Filing account in assumpsit
56-4-19 Statement of particulars of claim
56-4-20 Statement of particulars of defense
56-4-21 Plea in action on insurance policy; statement specifying particular defense
56-4-22 Same — Joinder in issue; statement specifying matter in waiver, estoppel or confession and avoidance
56-4-23 Failure to file statement; insufficient statement; amendment; exclusion of evidence of party in default; sufficiency of statement
56-4-24 Right to amend in general
56-4-25 Amended declaration or bill, supplemental bill or bill of revivor in vacation
56-4-26 Amendment after demurrer is sustained
56-4-27 Amendment to cure variance between pleading and proof
56-4-28 Continuance and costs after amendment
56-4-29 Plea in abatement — Misnomer; amendment inserting correct name
56-4-30 Same — Plea in abatement for defects in writ or return; variance from declaration; void process
56-4-31 Same — Plea in abatement for want of jurisdiction
56-4-32 Same — Verification of plea in abatement and of non est factum; may be pleaded and verified by attorney or agent of defendant
56-4-33 Same — Time for filing plea in abatement
56-4-34 Misjoinder and nonjoinder of parties
56-4-35 Verdict and judgment as to particular defendants; costs
56-4-36 Scope of demurrer; objections to filing of pleadings for insufficiency abolished; form, grounds and argument
56-4-37 Defects disregarded on demurrer
56-4-38 Pleading in abatement and in bar at same time; trial of issues
56-4-39 Pleading several defenses; demurrer and special replications to special plea
56-4-40 Commencement of plea
56-4-41 Unnecessary allegations in pleas, etc
56-4-42 Omission of protestation
56-4-43 Conclusion of traverse
56-4-44 When parties may proceed without similiter or joinder in demurrer
56-4-45 Unnecessary allegations in second or other plea
56-4-46 Pleading denying execution of writing or entry or genuineness of judgment or decree
56-4-47 Plea denying partnership; form of denial of corporate existence
56-4-48 Judgment or decree by confession
56-4-49 Failure to plead, answer or demur; rule to plead; conditional judgment or decree nisi; judgment or decree by default; order for inquiry of damages
56-4-50 When inquiry of damages unnecessary
56-4-51 Office judgment; affidavits by plaintiff and defendant; judgment
56-4-52 Setting aside office judgment; trial
56-4-53 Hearing as to defendants served; discontinuance
56-4-54 Form of bill of complaint
56-4-55 Jury trial of issue upon plea in equity
56-4-56 Argument of plea or demurrer in equity; time to answer after demurrer overruled; proceeding on default; status of answer filed in vacation
56-4-57 Time to answer in general
56-4-58 Claim in answer for affirmative relief; special reply
56-4-59 Answer asking affirmative relief equivalent to crossbill
56-4-60 Admissions in equity by failure to deny
56-4-61 Proof of allegations denied by answer
56-4-62 Verification of pleadings in equity
56-4-63 Appearance of corporation by attorney; verification of pleading of corporation
56-4-64 Form of verification of pleading
56-4-65 Exceptions to answers for insufficiency abolished; test by demurrer; amended answer; procedure if amended answer is insufficient
56-4-66 Attachment or order to answer interrogatories
56-4-67 Insufficient answer after rule
56-4-68 Setting cause in equity for hearing
56-4-69 Hearing as to one defendant; rule to mature cause
56-4-70 Control by court over proceedings in office during vacation
56-4-71 Pleadings and proof in actions on bonds, notes or other evidences of debt subject to taxation
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Terms Used In West Virginia Code > Chapter 56 > Article 4 - Rules and Pleading

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.