West Virginia Sample Letter for Summons and Complaint
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FAQ
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.
- When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires the pleader, he may by leave of court set up the counterclaim by amendment. (g)Cross-claim against co-party.
A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
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 11 - Signing of pleadings, motions and other papers; representations to court; sanctions (a)Signature. - Every pleading, motion and other paper shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney shall be signed by the party.
Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that, while appearing straightforward, might leave doubt about what satisfies the requisite inquiry. Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed.
- (1) A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant ...
