West Virginia Summons in a Civil Case is a legal document issued by a West Virginia court, typically in response to a complaint filed by a plaintiff. It orders the named defendant to appear in court on a specified date and time to answer the plaintiff's complaint. The Summons will include the name and address of the court, the case number, the names of the parties involved, the date and time of the hearing, and a statement informing the defendant of their rights. There are two types of West Virginia Summons in a Civil Case: general and special. A general Summons is issued to all parties named in the complaint, while the special Summons is issued only to the defendant. The Summons must be served to the defendant in a manner prescribed by law, typically by a sheriff, process server, or certified mail. If the defendant fails to appear as ordered, they may be held in contempt of court.
West Virginia Summons in a Civil Case
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Rule 9 - Pleading special matters (a)Capacity. - It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.
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.
The procedure of Rule 34 shall apply to the request. A party may in a notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.
Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied.
Rule 42(a) of the Federal Rules of Civil Procedure provides that ?if actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay
- (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.
- A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is