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West Virginia Rules of Civil Procedure – 2026

The Rules of Civil Procedure for the circuit courts of West Virginia, comprehensively amended effective January 1, 2025 on the modern federal model. Coverage runs from scope and the one form of action, through commencement, service, pleadings and motions, parties, depositions and discovery, trials, judgment and provisional remedies, to special proceedings, appeals and general provisions.

Browse all 96 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

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Section I: Scope of Rules - One Form of Action Section II: Commencement of Action; Service of Process, Pleadings, Motions and Orders Section III: Pleadings and Motions Section IV: Parties Section V: Depositions and Discovery Section VI: Trials Section VII: Judgment Section VIII: Provisional and Final Remedies and Special Proceedings Section IX: Appeals Section X: Courts and Clerks Section XI: General Provisions

Section I: Scope of Rules - One Form of Action

Rule 1 Scope and purpose Rule 2 One form of action

Section II: Commencement of Action; Service of Process, Pleadings, Motions and Orders

Rule 3 Commencing an action Rule 4 Summons Rule 4.1 Service of other process Rule 5 Serving and filing pleadings and other documents Rule 5.1 [Reserved.] Rule 5.2 Privacy protection for filings made with the court Rule 6 Computing and extending time

Section III: Pleadings and Motions

Rule 7 Pleadings allowed; form of motions and other documents Rule 8 General rules of pleading Rule 9 Pleading special matters Rule 10 Form of pleadings Rule 11 Signing of pleadings, motions and other documents; representations to court; sanctions Rule 12 Defenses and objections: When and how presented; motion for judgment on the pleadings; consolidating motions; waiving defenses; pretrial hearing Rule 13 Counterclaim and crossclaim Rule 14 Third-party practice Rule 15 Amended and supplemental pleadings Rule 16 Pretrial conference; scheduling; management

Section IV: Parties

Rule 17 Plaintiff and defendant; capacity; public officers Rule 18 Joinder of claims Rule 19 Required joinder of parties Rule 20 Permissive joinder of parties Rule 21 Misjoinder and nonjoinder of parties Rule 22 Interpleader Rule 23 Class actions Rule 23.1 Derivative actions Rule 23.2 Actions relating to unincorporated associations Rule 24 Intervention Rule 25 Substitution of parties

Section V: Depositions and Discovery

Rule 26 Duty to disclose; general provisions governing discovery Rule 27 Depositions to perpetuate testimony Rule 28 Persons before whom deposition may be taken Rule 29 Stipulations about discovery procedure Rule 30 Depositions by oral examination Rule 31 Depositions by written questions Rule 32 Using depositions in court proceedings Rule 33 Interrogatories to parties Rule 34 Producing documents, electronically stored information and tangible things, or entering onto land for inspection and other purposes Rule 35 Physical and mental examinations Rule 36 Requests for admission Rule 37 Failure to make disclosures or to cooperate in discovery; sanctions

Section VI: Trials

Rule 38 Jury trial of right Rule 39 Trial by jury or by the court Rule 40 Scheduling cases for trial Rule 41 Dismissal of actions or claims Rule 42 Consolidation; separate trials Rule 43 Taking testimony Rule 44 Proving an official record Rule 44.1 Determination of foreign law Rule 45 Subpoena Rule 46 Objecting to a ruling or order Rule 47 Selecting jurors Rule 48 Juries; verdict; polling Rule 49 Special verdicts; general verdict and questions Rule 50 Judgment as a matter of law in jury trials; alternative motion for new trial; conditional rulings Rule 51 Instructions to the jury; objections; preserving a claim of error Rule 52 Findings and conclusions by the court; judgment on partial findings Rule 53 Commissioners; discovery commissioners

Section VII: Judgment

Rule 54 Judgments; costs Rule 55 Default Rule 56 Summary judgment Rule 57 Declaratory judgments Rule 58 Entry of judgments Rule 59 New trials; amendment of judgments Rule 60 Relief from judgment or order Rule 61 Harmless error Rule 62 Stay of proceedings to enforce a judgment Rule 63 Judge’s inability to proceed

Section VIII: Provisional and Final Remedies and Special Proceedings

Rule 64 Seizure of person or property Rule 65 Injunctions and restraining orders Rule 65.1 Security; Proceedings against sureties Rule 66 Receivers Rule 67 Deposit in court Rule 68 Offer of judgment; payment into court Rule 69 Executions and other final process; proceedings in aid thereof Rule 70 Judgment for specific acts; vesting title Rule 71 Enforcing relief for or against a nonparty Rule 71.1 Eminent domain Rule 71.2 Extraordinary writs in circuit court

Section IX: Appeals

Rule 72 Appeals Rule 73 [Abrogated-See Rules of Appellate Procedure] Rule 74 [Reserved] Rule 75 [Reserved] Rule 76 [Reserved]

Section X: Courts and Clerks

Rule 77 Court and proceedings; clerk’s authority; notice of an order or judgment; indigents Rule 78 Motion day; hearings; submission on briefs Rule 79 Records kept by the clerk Rule 80 Transcript or statement of evidence made part of record

Section XI: General Provisions

Rule 81 Applicability of the rules in general Rule 82 Jurisdiction and venue unaffected Rule 83 Local rules Rule 84 Forms Rule 85 Title Rule 86 Effective date Rule 87 [Abrogated]