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WV Code § 56-7-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-1. To What Commissioner or Person Accounts to Be Referred; Territorial Jurisdiction; Recommittal

Accounts to be taken in any case shall be referred to a commissioner appointed under the provisions of sections one and two, article five, chapter fifty-one of this code, to be named in the decree or order unless the parties interested agree, or the court shall deem it proper, that they be referred to some other person especially appointed a commissioner. Every commissioner shall examine and report upon such accounts and matters as may be referred to him by the court and such report may be recommitted to such commissioner, or to some other commissioner, for other and final report.The court in any decree or order of reference may authorize and empower the commissioner, to whom such cause or action is referred, to take proof and hear testimony touching the matters referred to him in any county within this state; and, for such purpose when so authorized, the jurisdiction and authority of such commissioner shall extend throughout the state.Whenever the commissioner to whom any such cause or action was referred has made up and filed his report, and there appears therefrom or from the evidence filed therewith, or from the pleadings and evidence of the whole case, sufficient facts upon which the court can decree or enter judgment, the same shall not be recommitted for further report, but a decree or judgment shall be entered therein, according to the law and the very right of the case as disclosed from the whole record.
WV Code § 56-7-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-2. Order of Reference Before Case on Docket

The judge of any court having jurisdiction to try or hear chancery causes may, in vacation or in term time, though the cause be not upon the court docket, make an order in any cause pending in his court at any time after process has been duly served on the defendants or such of them as may appear to be interested in the subject matter upon which the commissioner is to report, or at any time after such defendants have entered their appearance in such cause, referring the same to a commissioner for the purpose of stating any proper account or reporting upon any matter as to which it is proper there should be a commissioner's report in such cause. But no such order of reference shall be made in any cause until reasonable notice in writing has been served upon the opposite party, or his attorney, of the time and place of making application therefor.
WV Code § 56-7-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-3. Notice by Commissioner

The court ordering an account to be taken may direct that the time and place of taking the same 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. The newspaper shall be designated by the party at whose instance such publication is made or his attorney, and if no newspaper be so designated, then the court shall designate the newspaper. Such publication shall be equivalent to personal service on the parties or any of them. In any case where all persons whose interest may be affected by the proceedings before a commissioner are known, it shall be sufficient that, in lieu of such publication of the notice as aforesaid, such persons, or their counsel (or one of their counsel, if there be more than one), be served with such notice in the manner provided by section one, article two of this chapter.
WV Code § 56-7-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-4. Instruction of Commissioner by Judge

A commissioner who doubts as to any point which arises before him in taking an account to be returned to any court, may, in writing, submit the point to such court, or the judge thereof in vacation, who may instruct him thereon.
WV Code § 56-7-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-5. When Account to Be Taken

Every commissioner to whom a cause is referred shall, immediately after the adjournment of each term of the court, proceed to take all accounts referred to him by any order or decree of the court, and all adjournments and postponements of the taking of any account shall be for good cause to be shown by the affidavit of the party making the application, which shall be filed with the papers in the cause; and if the commissioner unreasonably delays his report, he shall receive no compensation for the same.
WV Code § 56-7-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-6. Proof of Debt Before Commissioner by Affidavit; Counter Affidavit

Every creditor in any chancery cause pending in any court before a commissioner in chancery under a decree of reference in such cause may establish his debt or demand against the debtor, if it be for the recovery of money due on contract, by filing before the commissioner with such debt or demand, completely itemized where it is upon an account, the affidavit or affidavits of any person or persons competent and not disqualified by law (which competency the affidavit or affidavits shall affirmatively show in every case where the creditor is seeking to prove a debt or demand against a deceased debtor or his estate) to testify as a witness or as witnesses before the commissioner about or concerning the debt or demand in question, such affidavit or affidavits stating every essential element necessary to constitute proof of such debt or demand, the same as though affiant or affiants had testified before the commissioner as a witness or as witnesses in person, unless the debtor, his personal representative, or any party, or creditor, or other person interested shall file before the commissioner a counter affidavit denying the correctness of the debt or demand, as a whole or in part, or the validity of any lien by which it is secured, in which case the creditor presenting such debt or demand shall be required to produce his witness or witnesses before the commissioner, reasonable notice of which shall be given in writing to the creditor or his attorney, and the taking of the testimony relative to such debt or demand, or the validity of such lien, as the case may be, shall be proceeded with before the commissioner in like manner as if no affidavit or affidavits had been filed. In every case, however, where such debt or demand is evidenced by a contract in writing, or by a judgment or decree, or is secured by a lien, such affidavit or affidavits alone shall not be sufficient to establish such debt or demand; but such creditor shall also produce before such commissioner as additional proof the written evidence of such debt and shall file the same or a copy thereof certified by the commissioner, or a certified copy of such judgment or decree, and, if such judgment or decree be recorded in the judgment lien docket, a certified transcript of such recordation; and, if the debt or demand be secured by any other lien than that of a judgment or decree, he shall file the original or a certified copy of the writing by which such lien is evidenced.Any transcript of a judgment or decree of a court or justice of this state, introduced in evidence in any court or before such commissioner, shall prima facie be presumed unpaid unless such judgment or decree appear to have been rendered more than ten years prior to the time of such proof.
WV Code § 56-7-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-7. Adjournment of Hearing; Notice of Completion of Report; Exceptions

A commissioner in chancery may adjourn his proceedings from time to time after the day to which notice was given, without any new notice, until his report is completed; and when it is completed, he shall give notice of the fact to all attorneys who appear of record in the cause; and thereafter, unless otherwise ordered by the court or agreed by the parties, he shall retain the report and the evidence ten days for the examination of parties interested. Such notice may be given either verbally or in writing, and may be given by depositing the same in due course of mail, properly addressed; and the commissioner shall certify in his report the time and manner of giving such notice. Any party may inspect the report and evidence and file exceptions thereto before such commissioner, or at the term of the court to which it is returned, or, by leave of the court, after such term. In an exception it shall be sufficient to state the item or part of the report to which objection is made, but the court may, if good cause therefor appear, require the exception to be made more specific, or the grounds therefor to be stated therein, and may overrule such exception if the requirement be not complied with.
WV Code § 56-7-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-8. Contents of Commissioner's Report

The commissioner, or any other person executing an order of reference, in all cases, shall return with his report all the evidence taken upon the execution of the reference, and the exceptions, if any, taken to his report, and shall submit such remarks upon exceptions as he may deem pertinent; and he shall also return with his report the decrees, orders and notices under which he acted. He shall not copy in his account or report any papers; and, if there has been a previous account or report, he shall not copy it into his report except so far as may be necessary to make such report a complete account and report in accordance with the decree of reference entered in the cause. Everything improperly copied into a commissioner's account shall be expunged at his cost on the application of either party; and if on account of his negligence or misconduct a report be recommitted, he shall bear the cost occasioned thereby.
WV Code § 56-7-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-9. When Cause May Be Heard on Report

A cause may be heard upon a commissioner's report at any time after it is returned, and the court may, for good cause shown by any party interested, hear a cause on a commissioner's report returned after the commencement of the term of court at which such hearing is desired to be had, but the court in this latter case may require the party desiring the hearing to give reasonable notice to the opposite party or to his attorney.
WV Code § 56-7-10 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 7. Procedure on Orders of Reference|§56-7-10. Taking Accounts in Actions at Law

At law, in any case in which it may be deemed necessary, the court may direct any such commissioner or other competent person, either before or at the time of trial, to take and state an account between the parties, which account, when thus stated, shall be deemed prima facie correct, and may be given in evidence to the court or jury trying the case; and the commissioner or other person shall be allowed for such services the same fees that would be allowed a commissioner for similar services in the execution of an order of reference in chancery, to be taxed in the bills of costs.
WV Code § 56-8-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-1. Judgment Upon Death, Conviction or Insanity of Party; Termination of Powers of Guardian, etc.

Where a party dies, or becomes convict of felony, or insane, or the powers of a party who is a personal representative, committee, or guardian cease, if such fact occur after verdict, judgment may be entered as if it had not occurred.
WV Code § 56-8-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-2. Death of Joint Party; Revival of Pending Suit or Action

Where such fact occurs in any stage of a cause, whether it be in a court of original or appellate jurisdiction, if it occur as to any of several plaintiffs or defendants, the suit or action may proceed for or against the others, if the cause of suit or action survive to or against them. If a plaintiff or defendant die pending any suit or action, whether the cause of action would survive at common law or not the same may be revived and prosecuted to judgment or decree and execution in the same manner as if it were for a cause of action arising out of contract.
WV Code § 56-8-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-3. Marriage of Female Party

The marriage of a female plaintiff or defendant shall not cause a suit or action to abate, but, upon affidavit or other proof of the fact the suit or action shall proceed in the new name, but if the marriage be not suggested before judgment, the judgment shall be as valid, and may be enforced in like manner, as if no such marriage had taken place.
WV Code § 56-8-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-4. Cases on Review

If, in any case of appeal, writ of error, or supersedeas, which is now or may hereafter be pending, there be at any time in an appellate court suggested, or relied on in abatement, the death of a party, or any other fact which, if it had occurred after verdict in an action, would not have prevented judgment being entered, as if it had not occurred, the appellate court may, in its discretion, enter judgment or decree in such case as if such death or such fact had not occurred.
WV Code § 56-8-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-5. Scire Facias or Motion for Revival; Continuance

In any stage of any case, a scire facias may be sued out for or against the committee of any party who is insane or a convict; or for or against a party before insane, a convict or an infant, the powers of whose committee or guardian have ceased; or for or against the personal representative of the decedent who, or whose committee, guardian or personal representative, was a party; or for or against the succeeding or substituted committee or guardian of a convict, insane person or infant whose committee or guardian was a party and has died or been removed; or for or against the heirs or devisees of a decedent who was a party; or for the assignee or beneficiary party; to show cause why the suit or action should not proceed in the name of him or them. Or where the party dying, or whose powers cease, or such insane person or convict, is plaintiff or appellant, the person or persons for whom such scire facias might be sued out may, without notice or scire facias, move that the suit proceed in his or their name. Likewise, the person or persons against whom a scire facias might be sued out by the plaintiff may also, without notice or scire facias, move that the suit or action proceed in his or their name. If the proceeding be by scire facias, after service of the scire facias, or if the proceeding be by motion then on such motion, if no sufficient cause be shown against it, an order shall be entered that the suit or action proceed according to such scire facias or motion. Any such new party, except in an appellate court, may have a continuance of the case at the term at which such order is entered; and the court may allow him to plead anew or amend the pleadings as far as it deems reasonable; but in other respects the case shall proceed to final judgment or decree for or against him in like manner as if the case had been pending for or against him before such scire facias or motion.
WV Code § 56-8-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-6. Time for Issuance of Scire Facias; Entering Order at Rules

The clerk of the court in which the case is may issue such scire facias at any time, and an order may be entered at rules for the case to proceed in the name of the proper party, although the case be on the court docket.
WV Code § 56-8-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-7. Proceedings After Revival Against Defendant Whose Powers Cease

Where the party whose powers cease is defendant, the plaintiff may continue his suit against him to final judgment or decree; but he shall not at law proceed in the same action against such defendant and his successor, nor shall he in equity proceed against both upon his previous bill, unless an order that the suit proceed against the former party be entered at the first term after service of a scire facias for or against such successor, or at the same term at which a motion to revive is made under the provisions of section five of this article in lieu of a scire facias.
WV Code § 56-8-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-8. When Suit Discontinued Unless Revived

If the committee, personal representative, heirs, or devisees of the plaintiff or appellant who was a party, or of the decedent whose committee, guardian, or personal representative was plaintiff or appellant, or other person now or hereafter entitled to be substituted under the provisions of this article for a party plaintiff or appellant, shall not make such motion or apply for such scire facias at or before the second term of the court next after that at which there may have been a suggestion on the record of the fact making such scire facias or motion proper, the suit of such plaintiff or appellant shall be discontinued, unless good cause be shown to the contrary.
WV Code § 56-8-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-9. Discontinuance for Failure to Prosecute or Pay Court Costs

Any court in which is pending any case wherein for more than one year there has been no order or proceeding but to continue it, or wherein the plaintiff is delinquent in the payment of accrued court costs, may, in its discretion, order such case to be struck from its docket; and it shall thereby be discontinued. A court making such order may direct it to be published in such newspaper as it may name.
WV Code § 56-8-10 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-10. Death of One of Numerous Parties in Equity

When in any suit in equity the number of parties exceeds thirty, and any one of such parties jointly interested with others in any question arising therein shall die, the court may nevertheless proceed, if in its opinion all classes of interest in the case are represented and the interest of no one will be prejudiced by the trial of the cause, to render a decree in such suit as if such person were alive, decreeing to the heirs at law, distributees, or representatives of such person, as the case may require, such interest as such person would have been entitled to had such person been alive at the date of the decree. The provisions of section twenty-six, article three of this chapter shall apply to decrees entered under this section.
WV Code § 56-8-11 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-11. Death of Trustee and Appointment of Substitute in Pending Suit

In a suit in equity in which it appears that a trustee has died, although the heirs of such trustee be not parties to the suit, yet if his personal representative and the other persons interested be parties, the court may appoint another trustee in the place of him who has died, to act either alone or in conjunction with any surviving trustee, as the case may require.
WV Code § 56-8-12 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-12. Reinstatement of Dismissed Case or Nonsuit

Any court may, on motion, reinstate on the trial docket of the court any case dismissed, and set aside any nonsuit that may be entered by reason of the nonappearance of the plaintiff, within three terms after the order of dismissal shall have been made, or order of nonsuit entered; but any such order of reinstatement shall not be entered until the accrued costs in such case shall have been paid.
WV Code § 56-8-13 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 8. Abatement, Revival, Discontinuance, Reinstatement of Suits; Substitution of Parties|§56-8-13. Further Proceedings After Reinstatement of Case

All causes in which orders of dismissal have been made, or orders of nonsuit entered, which orders have been set aside and causes reinstated, shall remain upon the docket and be proceeded with in the same manner as if the order had never been made. But no such cause shall be brought to trial, or proceeded in, until the defendant therein shall have had at least twenty days' personal notice in writing, or, if he be a nonresident, by publication that such cause has been reinstated on the docket 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 action is pending.
WV Code § 56-9-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 9. Removal of Causes|§56-9-1. Removal of Causes Generally; Notice; Motion

A circuit court, or any court of limited jurisdiction established pursuant to the provisions of section 1, article VIII of the Constitution of this state, wherein an action, suit, motion or other civil proceeding is pending, or the judge thereof in vacation, may on the motion of any party, after ten days' notice to the adverse party or his attorney, and for good cause shown, order such action, suit, motion or other civil proceeding to be removed, if pending in a circuit court, to any other circuit court, and if pending in any court of limited jurisdiction hereinbefore mentioned to the circuit court of that county: Provided, That the judge of such other circuit court in a case of removal from one circuit to another may decline to hear said cause, if, in his opinion, the demands and requirements of his office render it improper or inconvenient for him to do so.
WV Code § 56-9-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 9. Removal of Causes|§56-9-2. Removal Where It Is Improper for Judge to Hear Case

If the judge of any circuit or other court mentioned in the next preceding section, wherein an action, suit, motion or other civil proceeding is pending, is so situated as to render it improper, in his opinion, for him to decide such case or preside at the trial thereof, such court or the judge thereof in vacation may, without motion or notice, order the case to be removed to any court to which it might be removed, on motion and notice, under the preceding section: Provided, That the judge of such other circuit court may decline to hear said cause, if in his opinion, the demands and requirements of his office render it improper or inconvenient for him to do so.