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WV Code § 56-4-1 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-1. Rule Days

In the clerk's office of every circuit court, rules shall be held on the first Monday of every month, whether the court be in session or not, except that when a term of the circuit court commences on the first Monday in a month, or on either of the two following days, or on the preceding Tuesday, Wednesday, Thursday, Friday or Saturday, the rules which otherwise would have been held for such month on the first Monday shall be held on the last Monday in the next preceding month. The rules shall continue for three days, unless such continuance will interfere with the term of the court for which the rules are held, in which case they shall not continue beyond the day preceding the commencement of the term of such court. But if any Monday which is a rule day shall also be a holiday, then rules shall be held on the following Tuesday regardless of the fact that the latter day may be the first day of a term of court.
WV Code § 56-4-2 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-2. Rule Docket

There shall be a docket of the cases at rules wherein the rules shall be entered; and the books in which rules and orders are entered in chancery cases shall be separate from those in which rules and orders are entered in other cases.
WV Code § 56-4-3 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-3. Rule Entries

Where rules are held on the last Monday in a month, as provided in section one of this article, they shall be entered in the rule docket and indorsed on the declaration or bill as if taken on the first Monday in the month to which they relate.
WV Code § 56-4-4 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-4. Continuance at Rules in Absence of Clerk

When there is no clerk to take a rule in a case, it shall stand continued until the next rule day after there is a clerk.
WV Code § 56-4-5 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-5. What Rules May Require

The rules may be to declare, plead, reply, rejoin, or for other proceedings; they shall be given from month to month.
WV Code § 56-4-6 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-6. Time for Appearance; Rule to File Declaration; Nonsuit for Nonprosecution; Damages

A defendant may appear at the rule day at which the process against him is returnable, or, if it be returnable in term, at the first rule day after the return day, and, if the declaration or bill be not then filed, may give a rule for the plaintiff to file the same. If the plaintiff fail to do this at the succeeding rule day, or shall, at any time after the defendant's appearance, fail to prosecute his suit, he shall be nonsuited and pay to the defendant, besides his costs, $5.
WV Code § 56-4-7 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-7. Dismissal for Failure to File Declaration or Bill

If three rules elapse after the rules at which the process is returned executed as to any one or more of the defendants, without the declaration or bill being filed, the clerk shall enter the suit dismissed, although none of the defendants have appeared.
WV Code § 56-4-8 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-8. Return to Show Defendant's Nonresidence; Abatement as to Nonresident Not Served

When a summons to a party to answer an action or bill is received by an officer who knows that such party is not a resident of his county, or not a resident of the state, he shall, unless he find him in his county on or before the return day, make a return that he is a nonresident of the county and/or state as the case may be; whereupon, if the court from which such process issued have jurisdiction of the case only on the ground of such defendant's residence in such county, the action or suit shall abate as to him and if he be returned a nonresident of the state, and the court have jurisdiction of the case only on the ground that the cause of action arose in the county, the action of suit shall abate as to him
WV Code § 56-4-9 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-9. Minors May Sue by Next Friend or Guardian; Substitution of Plaintiffs

Any minor entitled to sue may do so by his next friend or guardian. When the action or suit is brought by his next friend, the court may, for good cause, substitute the guardian in lieu of the next friend, or any other person as the next friend.
WV Code § 56-4-10 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-10. Guardian Ad Litem

The proceedings in a suit wherein an infant or insane person is a party shall not be stayed because of such infancy or insanity, but the court in which the suit is pending, or the judge thereof in vacation, or the clerk thereof at rules, shall appoint some discreet and competent attorney-at-law as guardian ad litem to such infant or insane defendant, whether such defendant shall have been served with process or not, and after such appointment no process need be served on such infant or insane person. If no such attorney be found willing to act, the court, or the judge thereof in vacation, may compel him to act, or appoint some other discreet and proper person in his stead; but the attorney or other person so appointed shall not be liable for costs. Every guardian ad litem shall faithfully represent the interest or estate of the infant or insane person for whom he is appointed, and it shall be the duty of the court to see that the estate of such defendant is so represented and protected. And the court, or the judge thereof in vacation, whenever of opinion that the interest of an infant or insane person requires it, shall remove any guardian ad litem and appoint another in his stead. When, in any case, the court or judge is satisfied that the guardian ad litem has rendered substantial service to the estate of an infant or insane defendant, it may allow him reasonable compensation therefor, and his actual expenses, if any, to be paid out of the estate of such defendant.
WV Code § 56-4-11 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-11. Transfer of Cases From Law to Equity and Vice Versa

No case shall be dismissed simply because it was brought on the wrong side of the court, but whenever it shall appear that a plaintiff has proceeded at law when he should have proceeded in equity, or in equity when he should have proceeded at law, the court shall direct a transfer to the proper forum, and shall order such change in, or amendment of, the pleadings as may be necessary to conform them to the proper practice; and, without such direction, any party to the suit shall have the right, at any stage of the cause, to amend his pleadings so as to obviate the objection that his suit or action was not brought on the right side of the court. After such amendment has been made, the case shall be placed by the clerk on the proper docket of the court and proceed and be determined upon such amended pleadings. The defendant shall be allowed a reasonable time after such transfer in which to prepare the case for trial.
WV Code § 56-4-12 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-12. Abatement for Want of Form in Declaration

No action shall abate for want of form, where the declaration sets forth sufficient matter of substance for the court to proceed upon the merits of the case.
WV Code § 56-4-13 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-13. Unnecessary Averments in Trespass on the Case

In actions of trespass on the case, where the action of trespass would formerly have been proper, general averments that the defendant committed other wrongs, and that the acts charged were done with force and arms against the peace, may be omitted; and the plaintiff may prove all that he could have proved if such averments had been inserted in the declaration.
WV Code § 56-4-14 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-14. Allegations of Place Where Contract Was Made or Act Done

It shall not be necessary in any declaration or other pleading to set forth the place in which any contract was made, or act done, unless when, from the nature of the case, the place is material or traversable, and then the allegation may be, as to a deed, note or other writing bearing date at any place, that it was made at such place, or as to any other act, according to the fact, without averring or suggesting that it was at or in the county in which the action is brought, unless it was in fact therein.
WV Code § 56-4-15 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-15. Averments as to Jurisdiction; Profert; Oyer

It shall not be necessary in any action to aver that the cause of action arose, or that the matter is, within the jurisdiction of the court, or to make profert of any deed, letters testamentary, or commission of administration; but any party may have oyer in like manner as if profert were made.
WV Code § 56-4-16 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-16. Allegations Not Traversable nor Requiring Proof

All allegations which are not traversable, and which the party could not be required to prove, may be omitted, unless they are required for the right understanding of allegations that are material.
WV Code § 56-4-17 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-17. Form of Declaration or Count on Insurance Policy

A declaration or count on a policy of insurance, whether the policy be under seal or not, may be in effect as follows:A ................ B ................complains of C ................ D ................, who has been summoned to answer this: For that the defendant, by virtue of the policy of insurance herewith filed (or a copy of which is herewith filed), owes (here state the amount claimed under the policy) to the plaintiff for loss in respect to the property (or subject) insured by said policy, caused by (here insert the cause of loss in general terms, for example: By fire, by the damages of navigation, or otherwise, according to the fact) on or about the .......... day of ............., in the year ........., at (or near to) ................., (stating the place at or near to which the loss occurred).If the declaration or count be on a life policy, then it shall be sufficient to follow the above form in effect down to and including the word, "plaintiff" and add thereto in effect as follows:Because of the death of E.F., whose life was insured by said policy, and who died on or about the .......... day of .........., in the year ........., at (or near to, stating the place where his death occurred) .................; or, if the fact be so, the plaintiff may state in the declaration or count that the time or place where the loss or death occurred is unknown to him giving in general terms such information as may be in his power in respect thereto. Nothing contained in this section shall render insufficient in law any declaration or count which would be sufficient if this section had not been passed.
WV Code § 56-4-18 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-18. Filing Account in Assumpsit

In every action of assumpsit the plaintiff shall file with his declaration an account stating distinctly the several items of his claim, unless it be plainly described in the declaration, and if he fail to do so, he shall not be permitted on the trial of the case to prove any item not stated in such account.
WV Code § 56-4-19 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-19. Statement of Particulars of Claim

In any action or motion, if good cause therefor be shown or appear, the court or judge in vacation may order the plaintiff to file a more particular statement, in his respect, of the nature of his claim, or the facts expected to be proved at the trial, and may stay the action until a reasonable time after such order is complied with; and such statement must be made under the oath of the plaintiff, or some other credible person, to the effect that the affiant believes the same will be supported by evidence at the trial. But no such order shall be made if it appear that there has been unreasonable delay on the part of the defendant in applying therefor.
WV Code § 56-4-20 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-20. Statement of Particulars of Defense

In like manner, if good cause therefor appear, and there be no unreasonable delay on the part of the plaintiff in applying for such order, the court or judge in vacation may order the defendant to file a more particular statement, in any respect, of the nature of his defense, or the facts expected to be proved at the trial, which statement shall be under the oath of the defendant, or some other credible person, to the effect that the affiant believes the same will be supported by evidence at the trial.
WV Code § 56-4-21 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-21. Plea in Action on Insurance Policy; Statement Specifying Particular Defense

To any declaration or county on a policy of insurance, whether the same be in the form prescribed by section seventeen of this article or not, and whether the action be covenant, debt or assumpsit, the defendant may plead that he is not liable to the plaintiff as in said declaration is alleged. But if in any action on a policy of insurance, the defense be that the action cannot be maintained because of the failure to perform or comply with, or violation of, any clause, condition or warranty in, upon or annexed to the policy or contained in or upon any paper which is made by reference a part of the policy, the defendant must file a statement in writing specifying by reference thereto, or otherwise, the particular clause, condition or warranty in respect to which such failure or violation is claimed to have occurred, and such statement must be verified by the oath of the defendant, or some other credible person, to the effect that the affiant believes the matter of defense therein stated will be supported by evidence at the trial.
WV Code § 56-4-22 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-22. Same -- Joinder in Issue; Statement Specifying Matter in Waiver, Estoppel or Confession and Avoidance

Upon the plea mentioned in the next preceding section, the plaintiff may join issue without other pleading. But if the plaintiff intends to rely upon any matter in waiver, estoppel, or in confession and avoidance of any matter which may have been stated by the defendant as aforesaid, the plaintiff must file a statement in writing, specifying in general terms the matter on which he intends so to rely; and such statement must be verified by the oath of the plaintiff, or some other credible person, to the effect that the affiant believes the matter of reply therein stated will be supported by evidence at the trial.
WV Code § 56-4-23 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-23. Failure to File Statement; Insufficient Statement; Amendment; Exclusion of Evidence of Party in Default; Sufficiency of Statement

If either party to such action or motion fail to file any statement required of him by the four preceding sections of this article, or by the other party pursuant to any of the provisions of the said sections, or if the statement be adjudged insufficient in whole or in part, the court, as justice may require, may grant further time for filing the same, or permit the statement filed to be amended, or may, at the trial, exclude the evidence offered by the party in default as to any matter which he has so failed to state or has insufficiently stated, and which is not described in the notice, declaration or other pleading of such party so plainly as to give the adverse party notice of its character. But no statement which, in the particulars required by or under the said sections to be stated or referred to therein, is sufficient to notify the adverse party, in effect, of the nature of the claim or defense intended to be set up against him shall be adjudged insufficient.
WV Code § 56-4-24 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-24. Right to Amend in General

The plaintiff may of right amend his declaration or bill at any time before the appearance of the defendant; and, notwithstanding such appearance, in any action, suit, motion or other proceeding, the court, if in its opinion substantial justice will be promoted thereby, may, at any time before final judgment or decree, and upon such terms as it may deem just, permit any pleading to be amended, or material supplemental matter to be set forth in amended or supplemental pleadings, introducing a necessary party, discontinuing as to a party, eliminating from a multifarious bill all but one of the equitable causes of action alleged, or changing the form but not the cause of action, except that no proceeding by motion shall be converted by amendment into a formal action at law, or vice versa, and the court may allow any other amendment in matter of form or substance in any process which is not void, pleading or proceeding, which may enable the plaintiff to sustain the action, suit, motion or proceeding for the cause for which it was intended to be brought, or enable the defendant to make full and complete defense.
WV Code § 56-4-25 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-25. Amended Declaration or Bill, Supplemental Bill or Bill of Revivor in Vacation

The plaintiff may also, at any time before or after the appearance of the defendant, in vacation of the court wherein the action or suit is pending, file in the clerk's office an amended declaration or bill, supplemental bill or bill of revivor in such suit; whereupon the clerk shall issue a summons against the defendant, requiring him to plead to or answer such amended declaration or bill. But if the court shall be of the opinion that the same was improperly filed, it shall dismiss such declaration or bill at the cost of the plaintiff.
WV Code § 56-4-26 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-26. Amendment After Demurrer Is Sustained

If a demurrer be sustained to a declaration or bill, the plaintiff, upon giving notice to the defendant or defendants who have appeared or to their counsel, may file an amended declaration or bill at any time within the term at which the demurrer was sustained; and thereupon the cause shall proceed as if such amended pleading had been filed at the time when the original declaration or bill was filed; but the court shall allow the defendant a reasonable time to plead to or answer such amended declaration or bill. The plaintiff may, if he so elect, have the cause remanded to rules for amendment.
WV Code § 56-4-27 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-27. Amendment to Cure Variance Between Pleading and Proof

If at the trial of any action or motion, there appears to be a variance between the evidence and allegations or recitals, the court, if in its opinion substantial justice will be promoted thereby, may allow the pleadings to be amended to conform to the proof.
WV Code § 56-4-28 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-28. Continuance and Costs After Amendment

If substantial amendment of any pleading is made, the court shall enter such order as to continuance as shall seem fair and just. But the trial of an action at law shall not be continued to another term because of the filing of an amended declaration, or because of an amendment made for the purpose of curing a variance between pleading and proof, unless the defendant shall satisfy the court by affidavit or otherwise that because of such amendment he cannot safely proceed with the trial without such continuance. Every continuance to a subsequent term granted because of an amendment of a pleading shall be at the costs of the party making the amendment.
WV Code § 56-4-29 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-29. Plea in Abatement -- Misnomer; Amendment Inserting Correct Name

No plea in abatement for a misnomer shall be allowed in any action; but in a case wherein, but for this section, a misnomer would have been pleadable in abatement, the declaration and summons may, on the motion of either party, and on affidavit of the correct name, be amended by inserting the correct name.
WV Code § 56-4-30 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-30. Same -- Plea in Abatement for Defects in Writ or Return; Variance From Declaration; Void Process

In other cases, a defendant on whom process summoning him to answer in any suit or action appears to have been served shall not take advantage of any defect in the writ or return, or any variance in the writ from the declaration, unless such defect or such variance be pleaded in abatement. And in the case of every such defect or such variance, whether the same shall be pleaded in abatement or not, the court may at any time permit the plaintiff to amend the writ or the declaration so as to perfect the writ or correct the variance, and may permit the return to be amended, upon such terms as to it shall seem just. But nothing herein shall deprive a defendant of any right which he has by the common law to make a motion to quash process which is void; and if the process be a void process, the suit or action shall be dismissed upon motion of the defendant.
WV Code § 56-4-31 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-31. Same -- Plea in Abatement for Want of Jurisdiction

Where the declaration or bill shows on its face proper matter for the jurisdiction of the court, no exception for want of such jurisdiction shall be allowed unless it be taken by plea in abatement.
WV Code § 56-4-32 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-32. Same -- Verification of Plea in Abatement and of Non Est Factum; May Be Pleaded and Verified by Attorney or Agent of Defendant

No plea in abatement or plea of non est factum shall be received unless it be verified by affidavit. And in all cases, including those wherein the defendant is a corporation, the plea in abatement may be pleaded and verified by the attorney or agent of the defendant.
WV Code § 56-4-33 (2021)
2021 West Virginia Code|Chapter 56. Pleading and Practice|Article 4. Rules and Pleading|§56-4-33. Same -- Time for Filing Plea in Abatement

No plea in abatement shall be received after the defendant has demurred, pleaded in bar, or answered to the declaration or bill, or later than the next succeeding rules after the rules at which a rule to plead or a conditional judgment or decree nisi is entered.