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WV Code § 55-17-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 17. Procedures for Certain Actions Against the State|§55-17-1. Findings; Purpose

(a) The Legislature finds that there are numerous actions, suits and proceedings filed against state government agencies and officials that may affect the public interest. Depending upon the outcome, this type of litigation may have significant consequences that can only be addressed by subsequent legislative action. In these actions, the Legislature is not directly involved as a party. The Legislature is not a proper party to these actions because of an extensive structure of Constitutional protections established to safeguard the prerogatives of the legislative branch under our governmental system of checks and balances. Government agencies and their officials require more notice of these actions and time to respond to them and the Legislature requires more timely information regarding these actions, all in order to protect the public interest. The Legislature further finds that protection of the public interest is best served by clarifying that no government agency may be subject to awards of punitive damages in any judicial proceeding.(b) The Legislature further finds that there are numerous actions, suits and proceedings filed on behalf of the State of West Virginia or a government agency thereof, that may affect the public interest. Depending upon the outcome, this type of litigation may have significant consequences that can only be addressed by subsequent legislative action. In such litigation, the Governor, Department of Administration and the Legislature may not be directly involved as parties. Additionally, the Governor, Department of Administration and the Legislature need advance notice of potential moneys that may become available as a result of seizure or forfeiture of assets under state or federal criminal law. The Governor, Department of Administration and the Legislature require more timely information regarding these actions in order to protect the public interest. The Legislature further finds that protection of the public interest is best served by requiring notice to the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates of any action brought on behalf of the state or a government agency thereof, which may result in a judgment, award or settlement and when the state or a government agency thereof, becomes eligible for moneys from state or federal seizure or forfeiture of assets in criminal cases.(c) It is the purpose of this article to establish procedures to be followed in certain civil actions filed on behalf of or against state government agencies and their officials.
WV Code § 55-17-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 17. Procedures for Certain Actions Against the State|§55-17-2. Definitions

For the purposes of this section:(1) "Action" means a proceeding instituted against a governmental agency in a circuit court or in the Supreme Court of Appeals, except actions instituted pursuant to statutory provisions that authorize a specific procedure for appeal or similar method of obtaining relief from the ruling of an administrative agency and actions instituted to appeal or otherwise seek relief from a criminal conviction, including, but not limited to, actions to obtain habeas corpus relief.(2) "Government agency" means a Constitutional officer or other public official named as a defendant or respondent in his or her official capacity, or a department, division, bureau, board, commission or other agency or instrumentality within the executive branch of state government that has the capacity to sue or be sued;(3) "Judgment" means a judgment, order or decree of a court which would:(A) Require or otherwise mandate an expansion of, increase in, or addition to the services, duties or responsibilities of a government agency;(B) Require or otherwise mandate an increase in the expenditures of a government agency above the level of expenditures approved or authorized before the entry of the proposed judgment;(C) Require or otherwise mandate the employment or other hiring of, or the contracting with, personnel or other entities by a government agency in addition to the personnel or other entities employed or otherwise hired by, or contracted with or by the government agency;(D) Require or otherwise mandate payment of a claim based upon a breach of contract by a government agency; or(E) Declare an act of the Legislature unconstitutional and, therefore, unenforceable.
WV Code § 55-17-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 17. Procedures for Certain Actions Against the State|§55-17-4. Procedures Pending Action

Notwithstanding any other provisions of law to the contrary:(1) A government agency shall be allowed sixty days to serve an answer to a complaint or petition for which a summons has been issued and served upon a government agency;(2) Judgment by default may not be entered against a government agency in an action as defined in section two of this article unless the court, after a hearing on a motion for default judgment, finds that the government agency clearly intends to fail to appear, plead or otherwise defend in the action; and(3) No government agency may be ordered to pay punitive damages in any action.
WV Code § 55-17-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 17. Procedures for Certain Actions Against the State|§55-17-5. Notice of Settlement, Seizure or Forfeiture

(a) So that the Governor, the Department of Administration and the Legislature may be aware of potential awards, the person or entity bringing any action on behalf of the State of West Virginia, or a government agency thereof, which could result in settlement or judgment shall upon commencement of the action and prior to entering into any settlement agreement which directs how the money should be expended, notify and provide copies of pleadings and related documents to the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates.(b) When a government agency becomes aware that moneys may be available to them from a state or federal seizure or forfeiture in a criminal case they shall notify the Governor, the Secretary of the Department of Administration, the President of the Senate and the Speaker of the House of Delegates: Provided, That the total value of the assets to be seized or forfeited exceeds two hundred and $50,000.
WV Code § 55-17-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 17. Procedures for Certain Actions Against the State|§55-17-6. Construction of Article

(a) It is the express intent of the Legislature that the provisions of this article be liberally construed to effectuate the public policy set forth in section one of this article.(b) The provisions of this article may not be construed to impose any liability upon a state agency from which the agency is otherwise immune.
WV Code § 55-18-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 18. Limitations of Actions Regarding Firearms Manufacture and Sale|§55-18-1. Legislative Declarations and Purpose

The Legislature hereby finds and declares:(a) The lawful design, marketing, manufacture or sale of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se;(b) To the extent the Constitution of this state and the United States protect citizens' rights to keep and bear arms, the Legislature finds and declares that it is within the strict prerogative of its own authority, and not the authority of any county or municipality, to determine whether any manufacturer, dealer or seller of firearms has engaged in any act or omission that would create a cognizable action for damages, injunction or otherwise.
WV Code § 55-18-2 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 18. Limitations of Actions Regarding Firearms Manufacture and Sale|§55-18-2. Authority to Bring Suit Against Manufacturers, Sellers, Trade Associations or Dealers of Firearms

The authority to bring suit and the right to recover against any firearms or ammunition manufacturer, seller, trade association or dealer of firearms by or on behalf of any county or municipality in this state for damages, abatement or injunctive relief resulting from or relating to the design, manufacture, marketing, or sale of firearms or ammunition to the public is reserved exclusively to the state: Provided, That nothing contained in this article may prohibit a county or municipality from bringing an action for breach of contract or warranty as to firearms or ammunition purchased by the county or municipality.
WV Code § 55-19-1 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-1. Short Title

This article shall be known and may be cited as the COVID-19 Jobs Protection Act.
WV Code § 55-19-4 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-4. Claims Arising From the Covid-19 Pandemic

Notwithstanding any law to the contrary, except as provided by this article, there is no claim against any person, essential business, business, entity, health care facility, health care provider, first responder, or volunteer for loss, damage, physical injury, or death arising from COVID-19, from COVID-19 care, or from impacted care.
WV Code § 55-19-5 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-5. Products Made, Sold, and Donated in Response to Covid-19

(a) Any person that designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19 that is utilized by any person, essential business, government entity, business entity, health care facility, health care provider, first responder, or volunteer shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the products manufacturing or design, or a failure to provide proper instructions or sufficient warnings.(b) Any person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 that does not make such products in the ordinary course of the persons business shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the products manufacturing or design, or a failure to provide proper instructions or sufficient warnings.(c) The limitations on liability provided in this section shall not apply to any person, or any employee or agent thereof, that:(1) Had actual knowledge of a defect in the product when put to the use for which the product was manufactured, sold, distributed, or donated; and acted with conscious, reckless, and outrageous indifference to a substantial and unnecessary risk that the product would cause serious injury to others; or (2) Acted with actual malice.(d) Any action under subsection (c) of this section must be brought not later than one year after the date of personal injury, death, or property damage.
WV Code § 55-19-6 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-6. Workers Compensation

Notwithstanding the provisions of this article and the further provisions of 23-4-2 of this code which permits the filing of a civil cause of action against an employer for damages in excess of benefits received or receivable in a workers compensation claim, if it is determined that the employer acted with deliberate intention, when a claim for workers compensation benefits is awarded to an employee pursuant to 23-1-1 et seq. of this code for a work-related injury, disease, or death caused by or arising from COVID-19 in the course of and resulting from covered employment, such claim for workers compensation benefits shall be the sole and exclusive remedy for such injury, disease, or death and the immunity from suit provided under 23-2-6 and 23-2-6a of this code shall be and remain in full force and effect.
WV Code § 55-19-7 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-7. Exception

Excluding the provisions of 55-19-5 and 55-19-6 of this code, the limitations on liability provided in this article shall not apply to any person, or employee or agent thereof, who engaged in intentional conduct with actual malice.
WV Code § 55-19-8 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-8. Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act, and to this end the provisions of this act are declared to be severable.
WV Code § 55-19-9 (2021)
2021 West Virginia Code|Chapter 55. Actions, Suits and Arbitration; Judicial Sale|Article 19. Covid-19 Jobs Protection Act|§55-19-9. Application

(a) This article shall be effective retroactively from January 1, 2020, and applies to any cause of action accruing on or after that date.(b) Nothing in this article shall be construed to create a new cause of action or expand any liability otherwise imposed, limit any defense, or affect the applicability of any law that affords greater protections to defendants that are provided in this article.(c) Nothing in this article shall be construed to affect any duties, rights, benefits, or any other term or condition arising from a contractual relationship.
WV Code § 56-1-1b (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 1. Venue|§56-1-1b. Venue for Bringing Civil Action Under a Construction Contract

(a) As used in this chapter, "construction contract" means a contract, subcontract, or agreement entered into or made by an owner, architect, engineer, contractor, construction manager, subcontractor, supplier, or material or equipment lessor for the design, construction, alteration, demolition, renovation, remodeling, or repair of, or for the furnishing of material or equipment for a building, structure, appurtenance, or other improvement to or on public or private real property, including moving, demolition, and excavation connected with the real property. The term "construction contract" includes an agreement to which an architect, engineer, or contractor and an owners lender are parties regarding an assignment of the construction contract or other modifications.(b) Where a party whose principal place of business is in the state of West Virginia enters into a construction contract on or after July 1, 2021, to design, manage construction of, construct, alter, repair, maintain, move, demolish, or excavate, or supply goods, equipment, or materials for the construction, alteration, repair, maintenance, movement, demolition, or excavation of a building, structure, appurtenance, road, bridge, or tunnel which is physically located in the state of West Virginia, such construction contract must provide that any civil action or arbitration called for or permitted by the contract must be commenced and heard in the state of West Virginia, in the jurisdiction where the construction project is located, or such other jurisdiction where the venue is proper under the provisions of 56-1-1 et seq. of this code. Any provision in a construction contract entered into on or after July 1, 2021, mandating that such action be brought in a location outside the state of West Virginia is unenforceable.
WV Code § 56-2-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-1. Service of Notices; Personal Service; Substituted Service; Return

A notice, no particular mode of serving which is prescribed, may be served by delivering a copy thereof in writing to the party in person; or if he (or she) be not found, by delivering such copy at his (or her) usual place of abode, and giving information of its purport, to his wife (or her husband), or to any other person found there who is a member of his (or her) family and above the age of sixteen years; or if neither his wife (or her husband) nor any such other person be found there, and he (or she) be not found, by leaving such copy posted at the front door of such place of abode. Any sheriff or constable, thereto required, shall serve a notice within his county and make return of the manner and time of service; for a failure so to do he shall forfeit $20. Such return, or a similar return by any other person who verified it by affidavit, shall be evidence of the manner and time of service.
WV Code § 56-2-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-2. Service by Publication

Any such notice to a person not residing in this state may be served by the publication thereof as a Class III 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 suit or action is pending.
WV Code § 56-2-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-3. Notice to Take Depositions

Notice to any party to take a deposition may be served on the counsel of such party, or on any one of such counsel, if there be more than one, and such service shall have like effect as if the notice were served on the party, provided the time between the service of notice and taking the deposition be sufficient for conveying, by ordinary course of mail, a letter from the place of service to the place of residence of the party, and a reply from that place back to the place of service, and then for the counsel to attend at the place of taking the deposition. In all cases when notice is served on counsel as aforesaid, the court, upon exception being taken, may determine whether, under all the circumstances, the notice has been served in reasonable time, and admit or reject the deposition accordingly.
WV Code § 56-2-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-4. Motion on Certain Bonds

In the case of any bond taken by an officer, or given by a sheriff or constable, and returned to or filed in the office of the clerk of the county court of the county, or any bond or recognizance taken in a criminal case or proceeding, the circuit court of the county, or the court in which any such bond or recognizance is given, may, on motion of any person, or the state, as the case may be, give judgment for so much money as he or the state, is entitled, by virtue of such bond, to recover by action.
WV Code § 56-2-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-5. Notice of Motion for Judgment

In any case wherein there may be judgment or decree for money on motion, such motion shall be after ten days' notice, unless some other time be specified in the section or statute authorizing such motion.
WV Code § 56-2-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-7. Trial by Jury

On a motion, when an issue of fact is joined, and either party desires it, or when in the opinion of the court it is proper, a jury shall be impaneled for the trial of the issue.
WV Code § 56-2-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 2. Notices and Motions|§56-2-8. Collection of Forfeitures; Prosecuting Attorney's Fees

Unless otherwise expressly provided by law, any forfeiture payable to the state under any provision of law may be enforced in the circuit court or other court of record having jurisdiction thereof, upon notice of motion for judgment brought in the name of the state. If such judgment shall be for the state it shall include the costs of the proceeding, and a docket fee of $10 for the prosecuting attorney's services, payable into the county treasury, which docket fee shall be taxed as part of the costs.
WV Code § 56-3-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-1. Ancient Writs

The right and benefit of all writs, remedial and judicial, given by any statute or act of parliament made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, so far as the same may be consistent with the Constitution of this state, the acts of the general assembly of Virginia passed before June 20, eighteen hundred and sixty-three, and the acts of the Legislature of this state.
WV Code § 56-3-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-2. Writs Abolished

The writ of right, writ of entry, writ of formedon, writ de homine replegiando, writ of levari facias, writ of elegit, writ of distringas and writ of capias ad satisfaciendum are abolished and shall not hereafter be issued.
WV Code § 56-3-2a (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-2a. Actions for Breach of Promise to Marry and for Alienation of Affections Prohibited

Notwithstanding any other provision of law to the contrary, no civil action shall lie or be maintained in this state for breach of promise to marry or for alienation of affections, unless such civil action was instituted prior to the effective date of this section.
WV Code § 56-3-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-3. Forms of Writs and Other Process

The Supreme Court of Appeals may, from time to time, prescribe the forms of writs and other process, and until the court shall alter the forms, the same may be as heretofore used, except so far as is otherwise provided.
WV Code § 56-3-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-4. Issuance of Process; Alteration

The process to commence a suit shall be a writ commanding the officer to whom it is directed to summon the defendant to answer the bill or action. It shall be issued on the order of the plaintiff, his attorney or agent, and shall not, after it is issued, be altered, nor any blank therein filled up, except by the clerk.
WV Code § 56-3-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 3. Writs, Process and Order of Publication|§56-3-5. To Whom Process Directed; Return of Process; Return of Summons for Witness

Process from any court, whether original, mesne or final, may be directed to the sheriff of any county. Any process shall be returnable, within ninety days after its date, except as provided in section six, article two of this chapter, to the court on any day of a term, or in the clerk's office to the first day of any rules, designated as the first or last Monday, as the case may be, in any month and year, except that a summons for a witness shall be returnable on whatever day his attendance is desired, and an order of attachment may be returnable to the next term of the court, although more than ninety days from the date of the order, and process awarded in court may be returnable as the court may direct.