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WV Code § 56-4-68 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-68. Setting Cause in Equity for Hearing

Whenever a suit in equity is matured at rules as to all of the defendants, it shall be the ex officio duty of the clerk, as soon as the same is matured, to set the case for hearing as to them. If the suit be matured as to only a part of the defendants, the plaintiff may appear at rules and have it set for hearing as to such part. If one month elapse after the answer of a defendant is filed, without the case being so set and without a demurrer being filed to his answer, such defendant may appear at rules and have the case set for hearing as to himself
WV Code § 56-4-69 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-69. Hearing as to One Defendant; Rule to Mature Cause

If a suit in equity be set for hearing as to any defendant, it shall be heard as to him unless his interests be so connected with those of other defendants in the suit that it would be improper to decide upon their interests separately. And though there be such connection, a defendant as to whom the case has been set for hearing may have an order upon the plaintiff to use due diligence to mature the cause for hearing as to the other defendants, and, unless it be so matured within such time as the court may deem reasonable, shall be entitled to a hearing or dismission of it as to him
WV Code § 56-4-70 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-70. Control by Court Over Proceedings in Office During Vacation

The court shall have control over all proceedings in the office during any preceding vacation. It may reinstate any cause discontinued during such vacation, set aside any of the proceedings or correct any mistake therein, and make such order concerning the same as may be just.
WV Code § 56-5-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-1. Payment Before Action Is Brought May Be Pleaded

In any action for the recovery of a debt, the defendant may plead payment of the debt (or of so much as is due by the condition) before action brought.
WV Code § 56-5-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-2. Payment Into Court After Action Is Brought

In any personal action, the defendant may pay into court, to the clerk, a sum of money on account of what is claimed, or by way of compensation or amends, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount than such sum.
WV Code § 56-5-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-3. Acceptance of Payment Into Court; Trial of Issue as to Residue

The plaintiff may accept such sum, either in full satisfaction and then have judgment for his costs, or in part satisfaction and reply to the plea generally and if issue thereon be found for the defendant judgment shall be given for the defendant and he shall recover his costs.
WV Code § 56-5-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-4. Setoff Generally; Plea or Account of Setoff; Counter Setoff; Trial

In a suit for any debt, the defendant may at the trial prove and have allowed against such debt any payment or setoff which is so described in his plea, or in an account filed therewith, as to give the plaintiff notice of its nature, but not otherwise. Although the claim of the plaintiff be jointly against several persons, and the setoff be of a debt, not to all, but only to a part of them, this section shall extend to such setoff, if it appear that the persons against whom such claim is, stand in the relation of principal and surety, and that the person entitled to the setoff is the principal. And when the defendant is allowed to file and prove an account of setoff to the plaintiff's demand, the plaintiff shall be allowed to file and prove an account of counter setoff, and make such other defense as he might have made had an original action been brought upon such setoff, and, in the issue, the jury or judge shall ascertain the true state of indebtedness between the parties, and judgment shall be rendered accordingly.
WV Code § 56-5-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-5. Special Pleas in the Nature of Pleas of Setoff; Verification

In any action on a contract, the defendant may file a plea alleging any such failure in the consideration of the contract, or fraud in its procurement, or any such breach of any warranty to him of the title to real property or of the title or the soundness of personal property, for the price or value whereof he entered into the contract, or any other matter, as would entitle him either to recover damages at law from the plaintiff, or the person under whom the plaintiff claims, or to relief in equity, in whole or in part, against the obligation of the contract; or, if the contract be by deed, alleging any such matter existing before its execution, or any such mistake therein, or in the execution thereof, or any such other matter, as would entitle him to such relief in equity; and in either case alleging the amount to which he is entitled by reason of the matters contained in the plea. Every such plea shall be verified by affidavit.
WV Code § 56-5-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-6. When Special Plea Bar to Relief in Equity; Nature of Replication

If a defendant entitled to such plea as is mentioned in the preceding section shall not tender it, or though he tender it, if it be rejected for not being offered in due time, he shall not be precluded from such relief in equity as he would have been entitled to if the preceding section had not been enacted. If an issue in fact is joined on such plea and the same be found against the defendant, he shall be barred of relief in equity upon the matters alleged in the plea, unless upon such ground as would entitle a party to relief against a judgment in other cases. Every such issue in fact shall be upon a general replication that the plea is not true; and the plaintiff may give in evidence on such issue, any matter, which could be given in evidence under a special replication, if such replication were allowed.
WV Code § 56-5-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-7. Application of Article to Voluntary Bonds or Deeds

Nothing in this article shall impair or affect the obligation of any bond or other deed deemed voluntary in law, upon any party thereto, or his representatives.
WV Code § 56-5-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-8. Setoff as to Part of Demand; Continuance

If the defendant file a plea or account of setoff which covers or applies to part of the plaintiff's demand, judgment may forthwith be rendered for the part not controverted and the costs accrued until the filing of the plea or account, and the case shall be proceeded with for the residue as if the part for which judgment was rendered had not been included therein. And if, in addition to such plea or account, the defendant plead some other plea, going to the whole or residue of the demand, the case shall not be continued as to the part not controverted by plea or account of setoff, unless good cause be shown for such continuance. A failure to take such judgment, however, at the term the plea or account is filed, shall not effect a discontinuance of the cause.
WV Code § 56-5-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 5. Payment and Setoff|§56-5-9. Status of Defendant With Reference to Setoff; Verdict and Judgment

A defendant who files a plea or account under this article shall be deemed to have brought an action against the plaintiff (at the time of filing the same) for the matters mentioned in such plea or account, and the plaintiff shall not, after the plea or account is filed, dismiss his case without the defendant's consent, but shall be entitled to every ground of defense against the defendant's demand of which he might have availed himself by special plea or otherwise in any action brought against him upon the same demand. On the trial of the issue in such case, the jury shall ascertain the amount to which the defendant is entitled and apply it as a setoff against the plaintiff's demand, and, if such amount be more than the plaintiff is entitled to, shall ascertain the amount of the excess, including principal and interest. Judgment in such case shall be for the defendant against the plaintiff for such excess, with interest from the date of the judgment till payment.
WV Code § 56-6-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-1. Law Docket

Before every term of a circuit court, or any other court of record exercising jurisdiction in the trial or hearing of actions at law, the clerk shall make out a docket of the following cases pending, to wit: First, cases of the state; secondly, motions and actions, in the order in which the notices of the motions were filed, or in which the proceedings at rules in the actions were terminated, docketing together as new cases those not on the docket at the previous term. He shall, under control of the court, set the cases to certain days; and the docket shall be called and the cases on it tried or disposed of for the term in that order, except that the court may for good cause take up any case out of turn.
WV Code § 56-6-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-2. Chancery Docket

Before every term of a circuit court, or any other court exercising jurisdiction in the hearing of suits in chancery, the clerk shall make out a separate docket of chancery cases in which there are motions, and of other chancery cases which have been set for hearing as to any party, or which the court is to hear upon a plea or demurrer; and during such term every cause on such docket shall be called and disposed of.
WV Code § 56-6-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-3. Application for Hearing

Any party asking the court to hear a case may, if the court refuses to hear it, have his application spread upon the record, with a statement of the facts in relation thereto.
WV Code § 56-6-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-4. Direction and Trial of Issues Out of Chancery

Any court, wherein is pending a chancery case in which there is such a conflict in the evidence as, in the opinion of such court, to render it proper, may direct an issue thereon to be tried in such court. And the court shall have the discretion to direct such an issue to be tried before any proof has been taken by either the plaintiff or the defendant, if it shall be shown by affidavit or affidavits, after reasonable notice, that the case will be rendered doubtful by the conflicting evidence of the respective parties. Although the verdict on such issue may be set aside, there shall be no new trial thereof, but the court may proceed to decree as if no issue had been directed. No issue out of chancery shall be directed in any other case unless specially authorized by statute. Nothing in this section shall be construed to conflict with any of the provisions of chapter forty- one of this code.
WV Code § 56-6-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-5. Trial of Action at Law; Separate Verdicts on Different Issues; Interrogatories to Jury

Any court of record having jurisdiction of the trial of common-law actions may, in any case before it other than a chancery case, have an issue tried, or an inquiry of damages made, by a jury, and determine all questions concerning the legality of evidence and other matters of law which may arise. Upon the trial of any issue or issues by a jury, whether under this section or not, the court may, on motion of any party, direct the jury, in addition to rendering a general verdict, to render separate verdicts upon any one or more of the issues, or to find in writing upon particular questions of fact to be stated in writing. The action of the court upon such motions shall be subject to review as in other cases. Where any such separate verdict or special findings shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.
WV Code § 56-6-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-6. Time for Trial, Execution of Order and Rendering of Final Judgment

At the next term after an order at the rules for an inquiry of damages, such order may be executed and a final judgment rendered thereupon, unless good cause be shown for a continuance.
WV Code § 56-6-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-7. Continuance Upon Affidavit Because of Absence of Witness

If in any case a continuance be asked because of the absence of a witness, an affidavit must be filed, if required by any party opposing, setting forth, in addition to other matters required in order to obtain a continuance, the name of the witness and the testimony he is expected to give, and the affiant must, if required by any opposing party, submit to cross- examination in open court upon the matters set forth in such affidavit.
WV Code § 56-6-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-8. Continuance of Causes at End of Term

All causes on the docket of any court, and all other matters ready for its decision which shall not have been determined before the end of a term, whether regular, adjourned or special, shall, without any order of continuance, stand continued until the next term.
WV Code § 56-6-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-9. Case Not to Be Discontinued by Failure to Sign Judgment

When a defendant has demurred to, filed a plea to, or otherwise put in issue, a part of the plaintiff's claim and has left the residue of such claim unanswered, the case shall in no event be discontinued merely because the plaintiff has failed to sign judgment as to the unanswered residue; but the plaintiff may, at any term of court at or after which such demurrer or plea is filed or such part of the plaintiff's claim is otherwise put in issue, before or after trial of the issue as to the part answered, provided the case shall not have been discontinued under some other provision of law, take judgment by nil dicit as to such unanswered residue.
WV Code § 56-6-10 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-10. Stay of Proceedings Until Other Action, Suit or Proceeding Decided

Whenever it shall be made to appear to any court, or to the judge thereof in vacation, that a stay of proceedings in a case therein pending should be had until the decision of some other action, suit or proceeding in the same or another court, such court or judge shall make an order staying proceedings therein, upon such terms as may be prescribed in the order. But no application for such stay shall be entertained in vacation until reasonable notice thereof has been served upon the opposite party.
WV Code § 56-6-11 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-11. Execution of Order of Inquiry and Trial of Case by Court; Six-Member Jury in Civil Trials; Twelve-Member Jury in Eminent Domain and Criminal Trials

(a) The court, in an action at law, if neither party requires a jury, or if the defendant has failed to appear and the plaintiff does not require a jury, shall ascertain the amount the plaintiff is entitled to recover in the action, if any, and render judgment accordingly. In any case, in which a trial by jury would be otherwise proper, the parties or their counsel, by consent entered of record, may waive the right to have a jury, and thereupon the whole matter of law and fact shall be heard and determined, and judgment given by the court. Absent such waiver, in any civil trial a jury shall consist of six members and in any criminal trial a jury shall consist of twelve members.(b) The provisions of this section do not apply to any proceeding had pursuant to article two, chapter fifty-four of this code, the provisions of which apply to all cases involving the taking of property for a public use.
WV Code § 56-6-12 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-12. Qualifications of Jurors; Examination on Voir Dire; Peremptory Challenges

Either party in any action or suit may, and the court shall on motion of such party, examine on oath any person who is called as a juror therein, to know whether he is a qualified juror, or is related to either party, or has any interest in the cause, or is sensible of any bias or prejudice therein; and the party objecting to the juror may introduce any other competent evidence in support of the objection; and if it shall appear to the court that such person is not a qualified juror or does not stand indifferent in the cause, another shall be called and placed in his stead for the trial of that cause. And in every case, unless it be otherwise specially provided by law, the plaintiff and defendant may each challenge four jurors peremptorily.
WV Code § 56-6-12a (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-12a. Alternate Jurors for Protracted Civil Cases; Qualifications and Challenges

In any civil case, whenever in the opinion of the court the trial is likely to be a protracted one, the court may direct that not more than four jurors, in addition to the regular jury, be called and impaneled to sit as alternate jurors. Said alternate jurors shall be chosen from a separate panel of six after the regular jury of six or twelve, as the case may be, has been selected. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, and two peremptory challenges if three or four alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by this section may not be used against an alternate juror.
WV Code § 56-6-13 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-13. Special Jury in Civil Cases

(a) Except as provided in subsection (b) of this section, any court may allow a special jury in any civil case, to be formed in the following manner: The court shall direct a panel of ten jurors to be drawn by the clerk, in the presence of the court, from the box mentioned in section seven, article one, chapter fifty-two of this code, who shall be summoned by the sheriff to attend on the day named in the order, from which number eight shall be chosen by lot; and the parties thereupon, the plaintiff's attorney beginning, shall alternately strike off one until the number be reduced to six, which number shall complete the jury for the trial of the case. The court may also allow a special jury in any civil case when the panel of drawn jurors is exhausted, upon the motion of either of the parties, to be summoned by the sheriff so far as may be required from the body of the county; but no such special jury shall be allowed in any case unless the court certifies of record that the interest of the parties so asking such jury will be promoted by the allowance of such special jury.(b) In any case held pursuant to article two, chapter fifty-four of this code, for the taking of property for a public use, any court may allow a special jury to be formed in the following manner: The court shall direct a panel of twenty jurors, who are qualified freeholders of the county wherein the property to be taken is situate, to be drawn by the clerk, in the presence of the court, from the box mentioned in section seven, article one, chapter fifty-two of this code, who shall be summoned by the sheriff to attend on the day named in the order, from which number sixteen shall be chosen by lot; and the parties thereupon, the plaintiff's attorney beginning, shall alternately strike off one until the number be reduced to twelve, which number shall complete the jury for the trial of the case, but no such special jury shall be allowed in any case unless the court certifies of record that the interest of the parties so asking such jury will be promoted by the allowance of such special jury.
WV Code § 56-6-14 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-14. Juror Having Matter of Fact to Be Tried Disqualified

No person shall serve as a juror at any term of a court during which he has any matter of fact to be tried by a jury, which shall have been, or is expected to be, tried during the same term.
WV Code § 56-6-15 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-15. Exceptions Against Jurors After Being Sworn

No exception shall be allowed against a juror, after he is sworn upon the jury, on account of his age or other legal disability, unless by leave of court.
WV Code § 56-6-16 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-16. Irregularities Affecting the Jury; Time for Objection

No irregularity in any writ of venire facias, or in the drawing, summoning, or impaneling of jurors, shall be sufficient to set aside a verdict, unless objection specifically pointing out such irregularity was made before the swearing of the jury, or unless the party making the objection was injured by the irregularity.
WV Code § 56-6-17 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-17. View by Jury

The jury may, in any case, at the request of either party, be taken to view the premises or place in question, or any property, matter or thing relating to the controversy between the parties, when it shall appear to the court that such view is necessary to a just decision, and in such case the judge presiding at the trial may go with the jury and control the proceedings; and in a felony case the judge and the clerk shall go with the jury and the judge shall control the proceedings, and the accused shall likewise be taken with the jury or, if under recognizance, shall attend the view and his recognizance shall be construed to require such attendance. The party making the motion, in a civil case, shall advance a sum sufficient to defray the expenses of the jury and the officers who attend them in taking the view, which expenses shall be afterwards taxed like other legal costs.
WV Code § 56-6-18 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 6. Trial|§56-6-18. Disclosure by Juror of Knowledge of Facts in Issue

A juror knowing anything relative to a fact in issue shall disclose the same in open court, but not to the jury out of court; and the court shall inform the jury of this provision.