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Rule 60 - Effective 1/1/2025 Relief from judgment or order (a)Corrections based on clerical mistakes; oversights and omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

Rule 4. Summons. (a) Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.

Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint on the website for the West Virginia Supreme Court of Appeals. Fill in your name and address. Then fill in the defendant's name and address.

Small claims cases in West Virginia are civil actions where the amount in dispute does not exceed $10,000. The Magistrate Courts follow informal court rules, allowing parties to represent themselves instead of hiring attorneys. However, parties may hire attorneys if they so desire.

The court may, on motion, grant a new trial on all or some of the issues and to any party-as follows: (A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law; or (B) after a nonjury trial, for any reason for which a rehearing has heretofore been granted in a suit in ...

How Does West Virginia Small Claims Court Work? A small claims case starts by filing a claim with the West Virginia Magistrate Court. You'll serve a copy of the claim and court date on the "defendant," the person or company you're suing. At the trial, you'll present evidence supporting your case.

Rule 55 - Effective until 1/1/2025 Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default. (b)Judgment.

Entry upon or recovery of lands. No person shall make an entry on, or bring an action to recover, any land, but within ten years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims. Previous§55-1-1.

For many civil cases in West Virginia, the statute of limitations is two years. However, some are shorter, and some are longer. This means that if you believe you have a valid legal claim, you generally have two years from the date of the incident to either settle your claim or file a lawsuit.