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WV Code § 56-4-34 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-34. Misjoinder and Nonjoinder of Parties

No action or suit shall abate or be defeated by the misjoinder or nonjoinder of parties, plaintiff or defendant. Whenever such misjoinder shall be made to appear by affidavit or otherwise, the parties misjoined shall be dropped by order of the court, entered of its own accord or upon motion, at any stage of the cause. Whenever in any case full justice cannot be done and a complete and final determination of the controversy cannot be had without the presence of other parties, and such nonjoinder shall be made to appear by affidavit or otherwise at any time before final judgment or decree, the court of its own accord, or upon motion, may cause such omitted persons to be made parties to the action or suit, as plaintiffs or defendants, by proper amendment and process, at any stage of the cause, as the ends of justice may require, and upon such terms as may appear to the court to be just; but no new party shall be added upon motion unless the place of his residence, if known, be stated with convenient certainty in the affidavit of the party questioning his nonjoinder, and, if his place of residence be not known, unless such fact be stated.
WV Code § 56-4-35 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-35. Verdict and Judgment as to Particular Defendants; Costs

If, in an action at law, to which one or more parties defendant have been added under the provisions of the preceding section, it shall appear by the subsequent pleadings, or at the trial thereof, that any of the defendants are liable, but that one or more of the persons so added are not liable, the plaintiff shall be entitled to judgment, or to verdict and judgment, as the case may be, against the defendants who are liable, and such as are not liable shall have judgment and recover costs as against the plaintiff, who shall be allowed that part of the costs pertaining to added defendants not liable, as costs against the defendants who caused them to be made parties.
WV Code § 56-4-36 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-36. Scope of Demurrer; Objections to Filing of Pleadings for Insufficiency Abolished; Form, Grounds and Argument

The sufficiency of any pleading, in law or equity, may be tested by a demurrer. Objections to the filing of any pleading, because of insufficiency, are abolished. The form of a demurrer shall be: The defendant (or plaintiff) says that the declaration (or other pleading) is not sufficient in law, for the following reason (or reasons): All demurrers in civil cases shall be in writing and shall state specifically the grounds of demurrer relied on, and no grounds shall be considered other than those so stated, except by the court of its own accord, but the demurrant may, by leave of the court, amend his demurrer by stating additional grounds, or otherwise, at any time before the trial at law or final hearing in equity. When a party demurs to any pleading, the demurrer shall at once be set for argument.
WV Code § 56-4-37 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-37. Defects Disregarded on Demurrer

On a demurrer (unless it be to a plea in abatement), the court shall not regard any defect or imperfection in the declaration or other pleading, whether it has heretofore been deemed mispleading or insufficient pleading or not, unless there be omitted something so essential to the action or defense that judgment, according to law and the very right of the cause, cannot be given. No demurrer shall be sustained because of the omission in any pleading of the words, "this he is ready to verify," or "this he is ready to verify by the record," or "as appears by the record"; but the opposite party may be excused from replying, demurring or otherwise answering to any pleading, which ought to have, but has not, such words therein, until they be inserted.
WV Code § 56-4-38 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-38. Pleading in Abatement and in Bar at Same Time; Trial of Issues

The defendant may plead in abatement and in bar at the same time, but the issue on the plea in abatement shall be first tried, and if such issue be found against the defendant, he may, nevertheless, make any other defense he may have to the action.
WV Code § 56-4-39 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-39. Pleading Several Defenses; Demurrer and Special Replications to Special Plea

The defendant in any action or suit may plead as many several matters, whether of law or fact, as he shall think necessary, except that if he plead the plea of non est factum he shall not, without leave of the court, be permitted to plead any other plea inconsistent therewith. To any special plea pleaded by a defendant, the plaintiff may demur and in addition plead as many special replications as he may deem necessary.
WV Code § 56-4-40 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-40. Commencement of Plea

No formal defense shall be required in a plea. It may commence as follows:"The defendant says that."
WV Code § 56-4-41 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-41. Unnecessary Allegations in Pleas, etc.

In a plea, replication or subsequent pleading, intended to be pleaded in bar or in maintenance of the action, it shall not be necessary to use any allegation of "actionem non" or "precludi non," or to the like effect, or any prayer of judgment.
WV Code § 56-4-42 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-42. Omission of Protestation

No party shall be prejudiced by omitting a protestation in any pleading.
WV Code § 56-4-43 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-43. Conclusion of Traverse

All special traverses or traverses with an inducement of affirmative matter shall conclude to the country. But this regulation shall not preclude the opposite party from pleading over to the inducement when the traverse is immaterial.
WV Code § 56-4-44 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-44. When Parties May Proceed Without Similiter or Joinder in Demurrer

When any party takes issue on another party's pleading, or traverses the same, or demurs, so that such other party is not let in to allege any new matter, no similiter or joinder in demurrer shall be necessary, but either party may proceed as if there were a similiter or joinder in demurrer.
WV Code § 56-4-45 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-45. Unnecessary Allegations in Second or Other Plea

It shall not be necessary to state in a second or other plea that it is pleaded by leave of the court, or according to the form of the statute, or to that effect.
WV Code § 56-4-46 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-46. Pleading Denying Execution of Writing or Entry or Genuineness of Judgment or Decree

Where a declaration or other pleading alleges that any person made, indorsed, assigned or accepted any writing, it shall not be necessary to prove such fact unless the pleading which puts the matter in issue be verified, or there be an affidavit filed therewith denying such fact.In any action, suit or proceeding upon, or to enforce, or in which is set off, a judgment or decree, foreign or domestic, wherein the recovery of such judgment or decree is alleged in any pleading, it shall not be necessary to prove the entry or genuineness of such judgment or decree, unless the pleading which puts the matter in issue be verified, or there be an affidavit filed therewith denying such entry or genuineness.
WV Code § 56-4-47 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-47. Plea Denying Partnership; Form of Denial of Corporate Existence

Where plaintiffs or defendants sue or are sued as partners, and their names are set forth in the declaration or bill, or where a plaintiff or defendant sues or is sued as a corporation, it shall not be necessary to prove the fact of such partnership or the existence of such corporation, unless the pleading which puts the matter in issue be verified, or there be an affidavit filed therewith denying such partnership or the existence of such corporation. A plea putting in issue the existence of a corporation shall be sufficient if it be in form or effect as follows:"And the said defendant for plea says that the plaintiff (or defendant, as the case may be) is not a corporation, as in the plaintiff's declaration is alleged."
WV Code § 56-4-48 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-48. Judgment or Decree by Confession

In any action or suit instituted by process a defendant may, in the vacation of the court, and whether the action or suit be on the court docket or not, confess a judgment or decree in the clerk's office for so much principal and interest as the plaintiff may be willing to accept a judgment or decree for. The same shall be entered of record by the clerk in the order book, and be as final and as valid as if entered in court on the day of such confession, except merely that the court shall have such control over it as is given by section seventy of this article.
WV Code § 56-4-49 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-49. Failure to Plead, Answer or Demur; Rule to Plead; Conditional Judgment or Decree Nisi; Judgment or Decree by Default; Order for Inquiry of Damages

If a defendant, who appears, fail to plead, answer or demur to the declaration or bill, a rule may be given him to plead. If he fail to appear at the rule day at which the process against him is returned executed, or when it is returnable to a term, at the first rule day after it is so returned, the plaintiff, if he has filed his declaration or bill, may have a conditional judgment or decree nisi as to such defendant. No service of such decree nisi or conditional judgment shall be necessary. But at the next rule day after the same is entered, if the defendant continue in default, or at the expiration of any rule upon him with which he fails to comply, if the case be in equity, the bill shall be entered as taken for confessed as to him and if it be at law, judgment shall be entered against him with an order for the damages to be inquired into, when such inquiry is proper.
WV Code § 56-4-50 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-50. When Inquiry of Damages Unnecessary

There need be no such inquiry in any action upon a bond or other writing for the payment of money, which by its terms ascertains the amount to be paid thereunder, or against the drawer or indorsers of a bill of exchange or negotiable note, or in an action or scire facias upon a judgment or recognizance.
WV Code § 56-4-52 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-52. Setting Aside Office Judgment; Trial

If a defendant against whom a judgment is entered in the office, whether an order for an inquiry of damages has been made therein or not, shall, before the end of the term at which it becomes final, appear and plead to issue, and shall, in the cases mentioned in the next preceding section in which an affidavit is required, file such affidavit with his plea, the judgment shall be set aside; but if the judgment has been entered up in court or the order for an inquiry of damages has been executed, it shall not be set aside without good cause be shown therefor. Any such issue may be tried at the same term, unless the defendant show by affidavit, filed with the papers, good cause for a continuance. But the plaintiff shall have the right to cross-examine the defendant upon the matters contained in such affidavit.
WV Code § 56-4-53 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-53. Hearing as to Defendants Served; Discontinuance

Where, in any action against two or more defendants, the process is served on part of them, the plaintiff may proceed to judgment as to any so served, and either discontinue it as to the others or from time to time, as the process is served as to such others, proceed to judgment as to them until judgment be obtained against all. Such discontinuance of the action as to any defendant not served with process shall not operate as a bar of any subsequent action which may be brought against him for the same cause.
WV Code § 56-4-54 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-54. Form of Bill of Complaint

The plaintiff's bill may be in form or in substance as follows:The bill of complaint of A .......................................... B ........................................................(state the names of all the plaintiffs) against C ...................................................................D .................................. State the names of all the defendants, if known, and if not, designate them as the "unknown parties," or "unknown heirs," etc., as the case may be,) filed in the circuit court of .............................. county. The plaintiff complains and says that (here state all the facts constituting a claim to relief). The said plaintiff therefore prays that (here state the particular relief desired). He also asks such other and general relief as the court may see fit to grant.A .............................................. B ................................................., Plaintiff.Every person designated in the caption of such bill as the defendant shall be a defendant therein, without a prayer that he be made such, and shall be required to answer the bill in the same manner and to the same extent as if he were therein called upon to do so.
WV Code § 56-4-55 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-55. Jury Trial of Issue Upon Plea in Equity

A plaintiff in equity may take issue upon a plea, and either party may have such issue tried by a jury.
WV Code § 56-4-56 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-56. Argument of Plea or Demurrer in Equity; Time to Answer After Demurrer Overruled; Proceeding on Default; Status of Answer Filed in Vacation

A plaintiff in equity may have any plea or demurrer set down to be argued. If the same be overruled, no other plea or demurrer shall afterwards be received, but the defendant shall file his answer, in court, if in session, or, if not in session, in the clerk's office of the court in which the suit is pending, within fifteen days after the overruling of his plea or demurrer, unless, for good cause shown, the time is enlarged by the court, or the judge thereof in vacation; and if he fail to appear and answer the bill within such fifteen days, or additional time, if any such be granted, the plaintiff shall be entitled to a decree against him for the relief prayed for therein, or the plaintiff may proceed against such defendant in the manner prescribed by section sixty-six of this article. Any answer filed in the clerk's office in vacation pursuant to the provisions of this section shall have the same status and effect as if filed in term.
WV Code § 56-4-57 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-57. Time to Answer in General

A defendant may file his answer at any time before final decree, unless required to file it sooner under section fifty-six of this article, or by a proper rule of court under section four, article one, chapter fifty-one of this code, but a cause shall not be sent to rules or continued, because an answer is filed in it, unless good cause therefor be shown by affidavit filed with the papers.
WV Code § 56-4-58 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-58. Claim in Answer for Affirmative Relief; Special Reply

A defendant in a suit in equity may, in his answer, allege any new matter constituting a claim for affirmative relief in such suit against the plaintiff or any defendant therein, in the same manner and with like effect as if the same had been alleged in a crossbill filed by him therein; and in such case, if the plaintiff or defendant against whom such relief is claimed desire to controvert the relief prayed for in the answer, he shall file a special reply in writing, denying such allegations of such answer as he does not admit to be true, and stating any facts constituting a defense thereto. But in case a defendant allege new matter in his answer upon which he relies for and prays affirmative relief, such defendant shall not file a crossbill in the same cause except upon condition of striking from his answer all such matter and prayer for affirmative relief as are contained in such crossbill.
WV Code § 56-4-59 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-59. Answer Asking Affirmative Relief Equivalent to Crossbill

When a defendant in equity in his answer alleges new matter constituting a claim to affirmative relief, the case shall be decided upon the same principles, and the same relief shall be decreed in the case, as if a crossbill had been filed to obtain such relief.
WV Code § 56-4-60 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-60. Admissions in Equity by Failure to Deny

Every material allegation of the bill not controverted by an answer, and every material allegation of new matter in the answer constituting a claim for affirmative relief not controverted by a special reply in writing, shall, for the purposes of the suit, be taken as true, and no proof thereof shall be required.
WV Code § 56-4-61 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-61. Proof of Allegations Denied by Answer

When a defendant in equity shall, in his answer, deny any material allegation of the bill, the effect of such denial shall only be to put the plaintiff on satisfactory proof of the truth of such allegation, and any evidence which satisfies the court or jury of the truth thereof shall be sufficient to establish the same.
WV Code § 56-4-62 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-62. Verification of Pleadings in Equity

If the plaintiff desire the defendant to answer the bill on oath, he must verify his bill by affidavit, and if the bill be so verified, the defendant must in like manner verify his answer. But if the bill be not verified, the defendant need not verify his answer, and if he does so it shall not be entitled to any more weight in the cause than if it had not been verified. In case the defendant verify his answer, alleging new matter constituting a claim for affirmative relief, the plaintiff must verify his special reply thereto. A general replication to an answer claiming affirmative relief shall not apply to so much of such answer as states facts constituting a claim to such relief.
WV Code § 56-4-63 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-63. Appearance of Corporation by Attorney; Verification of Pleading of Corporation

Any corporation may appear, plead or answer by attorney in any action, suit or proceeding for the same purposes, in the same manner and form and to the same extent and effect as if it were a natural person. Any answer or pleading of a corporation shall be verified in any case in which it would be required to be verified if it were the answer or pleading of a natural person.
WV Code § 56-4-64 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-64. Form of Verification of Pleading

The verification of any pleading may be by the pleader or some other credible person. The verification, when by the plaintiff or defendant, may be in form or effect as follows:State of West Virginia, ......................................... county, to wit: A............................................. B..........................................., the plaintiff (or defendant, as the case may be,) named in the foregoing bill (or answer, replication, or plea, as the case may be,) being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that, so far as they are therein stated to be on information, he believes them to be true.A ...................................................... B .................................................,Plaintiff or defendant. Taken, sworn to and subscribed before me this ................... day of ……………...... C .......................................................... D .....................................................,Clerk (or other officer swearing him)If the party required to verify a pleading be an administrator or other fiduciary, it shall be sufficient if he swear that he believes the plea or other pleading to be true. A bill of injunction to be sworn to by any person other than the plaintiff, or answer to a bill of injunction to be sworn to by a person other than the defendant making the answer, must be so drawn as to show which of the allegations therein contained are made on information and belief.The verification, when by a person other than the plaintiff or defendant, shall be in form or effect as follows:State of West Virginia, ................................................ county, to wit:A ................................................. B .......................................................... (a credible person), being duly sworn, says that he has read the foregoing bill (or answer, replication, or plea, as the case may be,) and that he knows the contents thereof; that the facts and allegations therein contained are true, except such as are therein stated upon information and belief, and that as to such allegations he believes them to be true.A .................................................. B ........................................................ .
WV Code § 56-4-65 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-65. Exceptions to Answers for Insufficiency Abolished; Test by Demurrer; Amended Answer; Procedure if Amended Answer Is Insufficient

Exceptions to answers for insufficiency are abolished. The test of sufficiency shall be made by a demurrer; if found insufficient, but amendable, the court may allow amendment on terms. If the amended or second answer is adjudged insufficient, the defendant may be examined upon interrogatories and committed until he answers them, or on motion of the plaintiff the court may strike out the answer and enter a decree for the plaintiff.
WV Code § 56-4-66 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-66. Attachment or Order to Answer Interrogatories

Although a bill be taken for confessed as to any defendant, the plaintiff may have an attachment against him or an order for him to be brought in to answer interrogatories. No plea or demurrer shall be received after such attachment, unless by order of court, upon motion.
WV Code § 56-4-67 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-67. Insufficient Answer After Rule

If a defendant, after process of contempt, put in an answer which is adjudged insufficient, the plaintiff may proceed with the process of contempt, as if no answer had been filed, or, at the option of the plaintiff, if the bill be verified, the court may thereupon render such decree in the case as may be just.