Rule 5 Service

(a) Summons and Petition. — Upon the filing of a petition, the circuit clerk shall issue a summons to be served within 5 days of the filing of the petition. The petitioner shall choose a method of service in accordance with Rule 4 of the Rules of Civil Procedure. The summons, along with a copy of the petition and notice of hearing, shall be served upon every non-petitioner parent whose rights have not been previously terminated; any other person with custodial interests listed in the petition; any minor named in the petition who is 14 years of age or more; and any proposed guardian if someone other than the petitioner.

(b) Other Pleadings and Documents. — Any pleading, notice, or other document filed subsequent to the original petition shall be served, together with a certificate of service, upon each of the parties. If a party is represented by an attorney, service shall be made on the attorney unless service upon the party is ordered by the court. Service upon a party or attorney shall be made by hand-delivering a copy to the party or attorney; or by mailing a copy by first class mail to the last-known address of the party or attorney, or if no address is known, by leaving it with the circuit clerk; or by facsimile transmission made to the party or attorney pursuant to West Virginia Trial Court Rule 12. Hand-delivery of a copy under this rule means: handing it to a party or attorney; or leaving it at the party's or attorney's office with a clerk or other appropriate staff person; or if the person to be served has no office, by leaving it at the person's home with some member of the person's family above the age of 16 years.