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WV Code § 56-3-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-6. Delivery of Process

The clerk of every court from whose office may be issued any process, original, mesne or final, or any order or decree to be served on any person, shall, unless the party interested, or his attorney, direct otherwise, deliver the same to the sheriff or other proper officer of the county for which the court is held, if it is to be executed therein, and if it is to be executed in any other county, shall enclose the same in an envelope properly addressed to the sheriff or other proper officer thereof, pay the postage thereon and mail it in the post office. Documentation of service of process will be according to rules promulgated by the Supreme Court of Appeals.
WV Code § 56-3-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-7. Officer's Receipt of Process

Every officer who attends a court shall, within five days after the end of any rules, go to the clerk's office and receive all process, orders and decrees to be executed by him and give receipts therefor. For any failure so to do he shall forfeit $50.
WV Code § 56-3-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-8. Proof of Mailing Process to Officer

Proof that any process or order was put into the post office in an envelope or cover properly addressed to any officer, and that the postage thereon was paid, shall be prima facie evidence of the receipt thereof in due course of mail by the officer to whom it was so addressed; and this evidence may be furnished by the receipt taken at the time the process or order was put into the post office, from the postmaster, his deputy or clerk, and the certificate of a justice of the acknowledgment of the receipt before him But such evidence may be rebutted by the oath of the officer to whom such process or order was so addressed, that he did not himself receive the same, and believes that it was not received by any of his deputies.
WV Code § 56-3-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-9. Service in Other County; Return

A sheriff or other officer may transmit by mail (the postage thereon being prepaid) any process or order which came to his hands from beyond his county, with his return thereon, in an envelope or cover properly addressed to the officer to whom or whose office such return ought to be made; and the receipt taken at the time from the postmaster, his deputy or clerk, certified as aforesaid, shall be evidence that the process or order, and return, were transmitted as aforesaid.
WV Code § 56-3-10 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-10. Clerk's Receipt of Process Sent by Mail; Postage Due

If there come directed to a clerk, by mail, a letter with an indorsement on the envelope of the parties' names, and the nature of the process enclosed, he shall take the same out of the post office, and pay such postage as may be due thereon.
WV Code § 56-3-11 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-11. Execution and Validity of Service Generally; Execution When Sheriff Is Disqualified; Service When Original Is Returned Not Executed

Any process or notice may be executed on or before the return day thereof. If it appear to be duly served and good in other respects, it shall be deemed valid, although not directed to any officer, or although directed to an officer who is not qualified to execute it, provided it be executed by any other to whom it might lawfully have been directed. In any case in which it would be improper for the sheriff to execute any process, notice, writ or order, or summon a jury, because of interest or other disability, it shall be lawful for any deputy sheriff of such county not similarly disqualified to execute such process, notice, writ or order, or summon such jury, and make return thereof in his own name as deputy sheriff, and the execution and return thereof, if in other respects duly made, shall be valid, though it be directed to the sheriff. Process or notice to commence actions or suits, including writs of scire facias, mandamus, quo warranto, certiorari, prohibition, and alias or other process where the original is returned not executed, may also be served by any credible person; and the return of such person, verified by his affidavit, shall be evidence of the manner and time of service.
WV Code § 56-3-12 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-12. Service of Summons or Scire Facias; Finality of Judgment by Default on Scire Facias or Summons

Any summons or scire facias against any person, including a summons for a witness, may be served as a notice is served under section one, article two of this chapter, except that when such process is against a corporation the mode of service shall be as prescribed by the two following sections. To this end the clerk issuing such process, unless otherwise directed, shall deliver or transmit therewith as many copies thereof as there are persons named therein on whom it is to be served. No judgment by default on a scire facias or summons shall become final within twenty days after the service of such process.
WV Code § 56-3-13 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-13. Service of Process or Notice on Domestic Corporations

Unless otherwise specially provided, process against, or notice to, a corporation created by virtue of the laws of this state may be served as follows:(a) If a city, town or village, on its mayor, city manager, recorder, clerk, treasurer, or any member of its council or board of commissioners;(b) If a county commission of any county, on any commissioner or the clerk thereof, or if they be absent, on the prosecuting attorney of the county;(c) If a Board of Education of any district or independent school district, on the president or any commissioner thereof, or if they be absent, on the prosecuting attorney of the county;(d) If any other corporation, on the Secretary of State as statutory attorney-in-fact of such corporation, as provided in section fifteen, article one, chapter thirty-one of this code, or on any person appointed by it to accept service of process in its behalf, or on its president or other chief officer, or its vice president, cashier, assistant cashier, treasurer, assistant treasurer, secretary, or any member of its board of directors, or, if no such officer or director be found, on any agent of such corporation, including in the case of a railroad company a depot or station agent in the actual employment of the company.
WV Code § 56-3-13a (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-13a. Service of Process or Notice on Domestic and Foreign Limited Partnerships; Service by Publication

Process against, or notice to, a domestic limited partnership or a foreign limited partnership may be served on any general partner, or on the Secretary of State as statutory attorney-in-fact of such limited partnership as provided in section twenty-six-a of article nine, chapter forty-seven of this code, or on any other person appointed by it to accept service of process in its behalf, or on any agent of such limited partnership. Any foreign limited partnership for which no statutory attorney-in-fact, general partner or agent is found in this state upon whom service may be had, shall be subject to service by publication under this article in the same manner and upon the same conditions and requirements as are foreign corporations for which no statutory attorneys-in-fact, officers, directors or agents are found in this state upon whom service may be had.
WV Code § 56-3-14 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-14. Service of Process or Notice on Foreign Corporations

Process against, or notice to, a foreign corporation which has a usual place of business in this state, or, with or without such usual place of business, is doing business in this state, permanently or temporarily, and which has qualified to do such business under the laws of this state, may be served in accordance with the provisions of subdivision (d) of the next preceding section.If such corporation has not qualified to do such business under the laws of this state, service may be made by delivering, within the state, a copy of the process or notice to any officer, director or agent of such corporation acting or transacting business for it in this state.If there be no statutory attorney-in-fact, officer, director or agent found in this state upon whom service may be had as aforesaid, then on affidavit of that fact an order of publication may be awarded as provided by sections twenty-three and twenty-four of this article.
WV Code § 56-3-15 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-15. Service of Process or Notice on Common Carriers Other Than Corporations

In a case against any common carrier, other than a corporation, for any liability as such, it shall be sufficient to serve any process against or notice to the carrier on any agent, or the driver, operator, captain or conductor of any vehicle of such carrier.
WV Code § 56-3-16 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-16. Execution of Process on Sunday

No civil process or order shall be executed on Sunday, except in cases of persons escaping from custody, or where it may be specially provided by law.
WV Code § 56-3-17 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-17. Where Process May Be Executed

Every officer by whom any process or order may be lawfully executed shall execute the same within his bailiwick, or upon any river or creek adjoining thereto.
WV Code § 56-3-18 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-18. When Officer May Summon Assistance; Failure to Assist

Such officer may, in case resistance be made or apprehended to the execution of such process or order, summon to his assistance, either orally or by writing, so many of the male inhabitants of his county of the age of eighteen years or more, or require the commandant of any company, regiment or separate battalion of militia or volunteers to call out such portion, or the whole thereof, to assist him as shall be deemed sufficient for the occasion; and he and those assisting him may use such force as shall be necessary or proper to overcome any resistance made to the execution of such process or order, and to seize, arrest and confine the resisters, their aiders and abettors, to be dealt with according to law. If any male inhabitant of the county of the age of eighteen years or more fail to obey such summons, or if any commandant fail to comply with such requisition, the officer shall report the fact to the court from which such process or order issued, which court may, in a summary way, after notice to the person so reported, adjudge him to be fined or imprisoned, or both, as for contempt. Or if the process or order was not issued by a court, the person so failing to obey such summons or requisition shall be punished as for a misdemeanor and, to that end the officer shall report him to the prosecuting attorney for the county.
WV Code § 56-3-19 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-19. Officer's Service and Return of Process; Failure to Make Proper Return; False Return

Every officer to whom any process or order is lawfully delivered for execution shall, without avoidable delay, execute the same according to the command thereof and the provisions of law, and make true return thereon at the proper time and place, stating in such return the time and manner of executing the same, or why the same was not executed, and shall subscribe his name to such return. When the service is by deputy, such deputy shall subscribe to the return his own name as well as that of his principal. With the order or process there shall be returned any bond taken, and an account of any sale made under the same, specifying therein the several articles sold, the persons to whom sold, and the prices thereof. Such return shall be made to the court, justice, person or office from which such process or order issued, unless in such process or order it is directed to be otherwise returned, in which case return thereof shall be made according to such direction. Where a sale is made under any process or order, and no particular time for the return thereof is prescribed therein, or by law, the return shall be made within thirty days after the sale. But if no particular time be prescribed in the process or order, or by law, for the return thereof, and no sale is made under the same, the return shall be made immediately after such process or order is executed; or, if it be not executed, within two months after its date. Except when the process or order is issued by a justice, any officer failing to comply with the provisions of this section shall forfeit $20; and, if he make a false return, shall forfeit therefor $100.
WV Code § 56-3-20 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-20. Further Liability for Failure to Make Proper Return

A judgment in a prosecution under the preceding section for failure to make proper return of any process or order, or to subscribe the return as aforesaid, shall be no bar to further proceedings if the failure be continued; but there shall be a further forfeiture by the officer, who ought to have made such return, of $20 for every month subsequent to the judgment that the failure shall continue, until it appear that the return cannot be made; or if it be the case of an execution or warrant of distress, until it appear that the amount thereof has been paid to the party entitled. Moreover, the court to which, or to the clerk's office of which, such return ought to be made, may, upon the motion of any party injured, and for his use, fine such officer and his sureties, or any one or more of them, or any deputy in default, a reasonable sum, and from time to time impose on him or them other reasonable fines, not exceeding altogether, in the case of an execution or warrant of distress, the rate of $5 for every $100 therein mentioned for each month that the failure to make such return shall have continued.
WV Code § 56-3-21 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-21. Alias Process

If, at the return day of any process, it be not returned executed, an alias or other proper process may be issued without waiting (where the first process is returnable to a term) for the subsequent process to be awarded at rules. And where, for want of a return of the first process against a defendant, any subsequent process is issued, if the former was executed, the officer shall not execute the latter, but shall return the former if it be in his possession, and if he has it not, shall return the latter with an indorsement of the execution of the former, and the proceedings thereupon shall be as if the first had been duly returned.
WV Code § 56-3-22 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-22. Judgment on Return Nihil

No judgment shall be rendered on a scire facias, or in any other case, on returns of nihil.
WV Code § 56-3-23 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-23. Service by Publication Generally

On affidavit that a defendant is a foreign corporation for which no statutory attorney-in-fact, officer, director or agent is found in this state upon whom service may be had, or is not a resident of this state, or that diligence has been used by or on behalf of the plaintiff to ascertain in what county he is, without effect, or that process, directed to the officer of the county in which he resides or is, has twice been delivered to such officer more than ten days before the return day, and been returned without being executed, an order of publication may be entered against such defendant. And in any suit in equity, where the bill states that there are or may be persons interested in the subject to be divided or disposed of, whose names are unknown, and makes such persons defendants by the general description of parties unknown, on affidavit of the fact that such parties are unknown, an order of publication may be entered against such unknown parties. Any order of publication under this section may be entered either in court or by the clerk at any time. In a proceeding by petition, there may be an order of publication in like manner as in a suit in equity.
WV Code § 56-3-24 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-24. Contents of Order of Publication; Publishing

Every order of publication shall give the style of the suit, state briefly its object, and require the defendants against whom it is entered, or the unknown parties, to appear within one month after the date of the first publication thereof and do what is necessary to protect their interests. It shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which the order is made or directed. The newspaper shall be designated by the party directing such order or his attorney, but if no paper be so designated, then in such paper as the court may direct, or if the court make no direction, then as the clerk of the court may prescribe. It shall be deemed to have been published on the date of the second publication thereof.
WV Code § 56-3-25 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-25. Failure to Appear in Response to Publication; Trial or Hearing

When such order shall have been so published, if the defendants against whom it is entered, or the known parties, shall not appear within the time specified in such order, the case may be tried or heard as to them at the next term of the court commencing not less than one month after the date of the first publication. Upon any trial or hearing under this section, such judgment, decree or order shall be entered as may appear just.
WV Code § 56-3-26 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-26. Rehearing in Case of Nonpersonal Service

Any unknown party or other defendant who was not served with process in this state, and did not appear in the case before the date of such judgment, decree or order or the representative of such, may, within two years from that date, if he be not served with a copy of such judgment, decree or order more than eight months before the end of such two years, and if he was so served, then within eight months from the time of such service, file his petition to have the proceedings reheard in the manner and form provided by section forty-three, article seven, chapter thirty- eight of this code, and not otherwise; and all the provisions of that section are hereby made applicable to proceedings under this section: Provided, however, That nothing contained in that section or in this section shall be so construed as to authorize any court or judge to include, in the decree granted in a divorce suit, any prohibition against the remarriage of either party thereto, except such prohibition as may be authorized by the provisions of section twenty-two, article two, chapter forty-eight of this code.
WV Code § 56-3-27 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-27. Order of Publication in Supreme Court of Appeals

When, by the return of any officer of process issued to answer any appeal, writ of error or supersedeas pending in the Supreme Court of Appeals of this state, or when, from affidavit filed with the clerk of said court, it shall appear that any appellee or defendant in error therein is a foreign corporation for which no statutory attorney-in-fact, officer, director or agent is found in this state upon whom service may be had, or is not a resident of this state, or that the name or place of residence of such party is unknown, so that process cannot be served upon him it shall be the duty of such clerk, upon application, to take and issue, on the first Monday in any month, an order of publication against such absent or unknown party or foreign corporation, requiring him or it to appear on a day to be designated in such order, to answer such appeal, writ of error or supersedeas and to have a rehearing of the whole matter therein contained.
WV Code § 56-3-28 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-28. Requisites of Publication in Supreme Court of Appeals

Such order of publication shall be entered by the clerk in a suitable book kept by him for the purpose and signed by him and a certified copy of such order shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. Both the newspaper and the publication area shall be designated in the order of publication. When it shall appear that such order of publication has been duly published as aforesaid, the court may proceed to hear and decide such cause in the same manner as if such parties had been personally served with process: Provided, however, That the order of publication shall have been executed, as aforesaid, at least ten days before the day on which any such cause may be called for hearing.
WV Code § 56-3-29 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-29. Rehearing in Supreme Court of Appeals

Any unknown party or other defendant who was not served with process in this state, and did not appear in the cause, may have the same reheard and any injustice in the proceedings corrected within the time prescribed by section twenty-six of this article.
WV Code § 56-3-32 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-32. Process Is Part of Record Without Oyer

The writ or process commencing any action at law or suit in equity shall be a part of the record, without oyer thereof.