West Virginia Sample Letter for Summons by Publication
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FAQ
These rules shall be known as the West Virginia Rules of Civil Procedure and may be cited as W. Va. R. Civ.
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
- If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading.
Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility.
The Summons: In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office. The Court has a standard summons form.
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.
- (1) All papers after the complaint required to be served upon a party together with a certificate of service, shall be filed with the court within a reasonable time after service.
Federal Rule of Civil Procedure 6(b) Upon motion made, Rule 6(b)(1)(B) permits a post-deadline filing extension ?for good cause,? if the party failed to act because of ?excusable neglect.? Lujon v. Nat'l Wildlife Fed'n, 498 U.S. 871, 896 (1990).
