reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-2. Definitions

For the purposes of this article:
(1) "Child" means an unemancipated individual who is less than 18 years of age.
(2) "Consent" means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.
(3) "Depicted individual" means the individual whose body is shown, in whole or in part, in an intimate image.
(4) "Disclosure" means transfer, publication, or distribution to another person.
(5) "Harm" means physical harm, economic harm, and emotional distress whether, or not accompanied by physical or economic harm.
(6) "Identifiable" means recognizable by a person other than the depicted individual:
(A) From an intimate image itself; or
(B) From an intimate image and identifying characteristic displayed in connection with the intimate image.
(7) "Identifying characteristic" means information that may be used to identify a depicted individual.
(8) "Individual" means a human being.
(9) "Intimate image" means a photograph, film, video recording, or other similar medium that shows:
(A) The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or
(B) A depicted individual engaging in or being subjected to sexual conduct.
(10) "Parent" means an individual recognized as a parent under the laws of this state other than this article.
(11) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(12) "Private" means:
(A) Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or
(B) Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.
(13) "Sexual conduct" means any act set forth below but is not limited to this list:
(A) Masturbation;
(B) Genital, anal, or oral sex;
(C) Sexual penetration of, or with, an object;
(D) Bestiality; or
(E) The transfer of semen onto a depicted individual.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-3. Civil Action

(a) Except as otherwise provided in 55-20-4 of this code, a depicted individual who is identifiable and who suffers harm from a persons intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individuals consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:
(1) The depicted individual did not consent to the disclosure;
(2) The intimate image was private; and
(3) The depicted individual was identifiable.
(b) The following conduct by a depicted individual does not establish, by itself, that the individual consented to the disclosure of the intimate image which is the subject of an action under this article or that the individual lacked a reasonable expectation of privacy:
(1) Consent to creation of the image; or
(2) Previous consensual disclosure of the image.
(c) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-4. Exceptions to Liability

(a) A person is not liable under this article if the person proves the disclosure of, or threat to disclose, an intimate image was:
(1) Made in good faith:
(A) To law enforcement;
(B) For a legal proceeding; or
(C) For medical education or treatment.
(2) Made in good faith in the reporting or investigation of:
(A) Unlawful conduct; or
(B) Unsolicited and unwelcome conduct.
(3) Related to a matter of public concern or public interest; or
(4) Reasonably intended to assist the depicted individual.
(b) Subject to this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this article for a disclosure or threatened disclosure of an intimate image, as defined in this article, of the child.
(c) If a defendant asserts an exception to liability under 55-20-4(b) of this code, the exception does not apply if the plaintiff proves the disclosure was:
(1) Prohibited by law other than this article; or
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(d) Disclosure of, or threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-5. Plaintiff S Privacy

In an action under this article, a plaintiff may file a motion to seal with the initial pleading or any other motion as necessary to protect the identity and privacy of the plaintiff. The court may make further orders as necessary to protect the identity and privacy of a plaintiff.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-6. Remedies

(a) In an action under this article, a prevailing plaintiff may recover:
(1) The greater of:
(A) Economic and noneconomic damages proximately caused by the defendants disclosure or threatened disclosure, including damages for emotional distress, whether or not accompanied by other damages; or
(B) Statutory damages not to exceed $10,000 against each defendant found liable under this article for all disclosure and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount, if any, of statutory damages under 55-20-6(a)(1)(B) of this code, consideration shall be given to the age of the parties at the time of disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;
(2) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and
(3) Punitive damages as allowed under the law of this state other than this article.
(b) In an action under this article, the court may award a prevailing plaintiff:
(1) Reasonable attorneys fees and costs; and
(2) Additional relief, including injunctive relief.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-7. Statute of Limitations

(a) Any action under this article for:
(1) An unauthorized disclosure may not be brought later than four years from the date:
(A) The disclosure was discovered; or
(B) Should have been discovered with the exercise of reasonable diligence.
(2) A threat to disclose may not be brought later than four years from the date of the threat to disclose.
(b) Except as otherwise provided in 55-20-7(c) of this code, this section is subject to the tolling of statutes of this state.
(c) In an action under 55-20-3(a) of this code by a depicted individual who was a minor on the date of the disclosure or threat to disclose, the time specified in 55-20-7(a) of this code does not begin to run until the depicted individual attains the age of majority.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 20. Civil Remedies for Unauthorized Disclosure of Intimate Images › §55-20-8. Construction

(a) This article shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C., Section 230.
(b) This article may not be construed to alter the law of this state on sovereign immunity.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-3. Notice and Opportunity for Hearing

(a) Except as otherwise provided in subsection (b) of this section, the court may issue an order under this article only after notice and opportunity for a hearing appropriate in the circumstances.
(b) The court may issue an order under this article:
(1) Without prior notice if the circumstances require issuance of an order before notice is given;
(2) After notice, and without a prior hearing, if the circumstances require issuance of an order before a hearing is held; or
(3) After notice, and without a hearing, if no interested party timely requests a hearing.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-4. Scope; Exclusions

(a) Except as otherwise provided in subsection (b) or (c) of this section, this article applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(b) This article does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:
(1) The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owners primary residence;
(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;
(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owners business; or
(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c) This article does not apply to a receivership authorized by law of this state other than this article in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by that law.
(d) This article does not limit the authority of a court to appoint a receiver under law of this state other than this article.
(e) Unless displaced by a particular provision of this article, the principles of law and equity supplement this article.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-6. Appointment of Receiver

(a) The court may appoint a receiver:
(1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential:
(A) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or
(B) Has been or is about to be the subject of a voidable transaction;
(2) After judgment:
(A) To carry the judgment into effect; or
(B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; or
(3) In an action in which a receiver for real property may be appointed on equitable grounds.
(b) In connection with the foreclosure or other enforcement of a mortgage, the court may appoint a receiver for the mortgaged property if:
(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment;
(2) The mortgagor agreed in a signed record to appointment of a receiver on default;
(3) The owner agreed, after default and in a signed record, to appointment of a receiver;
(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or
(6) The holder of a subordinate lien obtains appointment of a receiver for the property.
(c) The court may condition appointment of a receiver without prior notice under 55-21-3(b)(1) of this code or without a prior hearing under 55-21-3(b)(2) of this code on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorneys fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-7. Disqualification From Appointment as Receiver; Disclosure of Interest

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(b) Except as otherwise provided in subsection (c) of this section, a person is disqualified from appointment as receiver if the person:
(1) Is an affiliate of a party;
(2) Has an interest materially adverse to an interest of a party;
(3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(4) Has a debtor-creditor relationship with a party; or
(5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.
(c) A person is not disqualified from appointment as receiver solely because the person:
(1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(3) Maintains with a party a deposit account as defined in 46-9-102(a)(29) of this code.
(d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-8. Bond; Alternative Security

(a) Except as otherwise provided in subsection (b) of this section, a receiver shall post with the court a bond that:
(1) Is conditioned on the faithful discharge of the receivers duties;
(2) Has one or more sureties approved by the court;
(3) Is in an amount the court specifies; and
(4) Is effective as of the date of the receivers appointment.
(b) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receivers discharge.
(c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(d) A claim against a receivers bond or alternative security must be made not later than one-year after the date the receiver is discharged.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-9. Status of Receiver as Lien Creditor

On appointment of a receiver, the receiver has the status of a lien creditor under:
(1) Section 46-9-101
et seq
. of this code as to receivership property that is personal property or fixtures; and
(2) Chapter 38 of this code as to receivership property that is real property.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-10. Security Agreement Covering After-Acquired Property

Except as otherwise provided by law of this state other than this article, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-11. Collection and Turnover of Receivership Property

(a) Unless the court orders otherwise, on demand by a receiver:
(1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(2) Subject to subsection (c) of this section, a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(b) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
(c) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditors lien on the property depends on the creditors possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditors lien.
(d) Unless a bona fide dispute exists about a receivers right to possession, custody, or control of receivership property, the court may sanction as civil contempt a persons failure to turn the property over when required by this section.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-13. Duties of Owner

(a) An owner shall:
(1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receivers duties;
(2) Preserve and turn over to the receiver all receivership property in the owners possession, custody, or control;
(3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owners possession, custody, or control;
(4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(5) Perform any duty imposed by court order, this article, or law of this state other than this article.
(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.
(c) If a person knowingly fails to perform a duty imposed by this section, the court may:
(1) Award the receiver actual damages caused by the persons failure, reasonable attorneys fees, and costs; and
(2) Sanction the failure as civil contempt.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-14. Stay of Other Actions; Injunction

(a) Except as otherwise provided in subsection (d) of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:
(1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and
(2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner which arose before entry of the order.
(b) Except as otherwise provided in subsection (d) of this section, the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
(c) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
(d) An order under subsection (a) or (b) of this section does not operate as a stay or injunction of:
(1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;
(2) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(3) Commencement or continuation of a criminal proceeding;
(4) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power; or
(5) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(e) The court may void an act that violates a stay or injunction under this section.
(f) If a person knowingly violates a stay or injunction under this section, the court may:
(1) Award actual damages caused by the violation, reasonable attorneys fees, and costs; and
(2) Sanction the violation as civil contempt.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-15. Engagement and Compensation of Professional

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:
(1) The identity and qualifications of the professional;
(2) The scope and nature of the proposed engagement;
(3) Any potential conflict of interest; and
(4) The proposed compensation.
(b) A person is not disqualified from engagement under this section solely because of the persons engagement by, representation of, or other relationship with the receiver, a creditor, or a party. This article does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.
(c) A receiver or professional engaged under subsection (a) of this section shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-16. Use or Transfer of Receivership Property Not in Ordinary Course of Business

(a) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(b) With court approval, a receiver may use receivership property other than in the ordinary course of business.
(c) With court approval, a receiver may transfer receivership property, other than in the ordinary course of business, by sale, lease, license, exchange, or other disposition. Unless the agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption, but is subject to a senior lien.
(d) A lien on receivership property which is extinguished by a transfer under subsection (c) of this section attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
(e) A transfer under subsection (c) of this section may occur by means other than a public auction sale. A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
(f) A reversal or modification of an order approving a transfer under subsection (c) of this section does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-18. Defenses and Immunities of Receiver

(a) A receiver is entitled to all defenses and immunities provided by law of this state other than this article for an act or omission within the scope of the receivers appointment.
(b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-19. Interim Report of Receiver

A receiver may file or, if ordered by the court, shall file an interim report that includes:
(1) The activities of the receiver since appointment or a previous report;
(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;
(3) Receipts and dispositions of receivership property;
(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and
(5) Any other information required by the court.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-20. Notice of Appointment; Claim Against Receivership; Distribution to Creditors

(a) Except as otherwise provided in subsection (f) of this section, a receiver shall give notice of appointment of the receiver to creditors of the owner by:
(1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last-known address of each creditor; and
(2) Publication as directed by the court.
(b) Except as otherwise provided in subsection (f) of this section, the notice required by subsection (a) of this section must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under subsection (a)(1) or last publication under subsection (a)(2) of this section. The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.
(c) A claim submitted by a creditor under this section must:
(1) State the name and address of the creditor;
(2) State the amount and basis of the claim;
(3) Identify any property securing the claim;
(4) Be signed by the creditor under penalty of perjury; and
(5) Include a copy of any record on which the claim is based.
(d) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
(e) At any time before entry of an order approving a receivers final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. The court shall allow or disallow the claim according to law of this state other than this article.
(f) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that:
(1) The receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(2) Unsecured creditors need not submit claims under this section.
(g) Subject to 55-21-21 of this code:
(1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditors priority under law of this state other than this article; and
(2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to law of this state other than this article.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-21. Fees and Expenses

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.
(b) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorneys fees and costs:
(1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or
(2) A person whose conduct justified or would have justified the appointment of the receiver under 55-21-6(a)(1) of this code.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-22. Removal of Receiver; Replacement; Termination of Receivership

(a) The court may remove a receiver for cause.
(b) The court shall replace a receiver that dies, resigns, or is removed.
(c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
(d) The court may discharge a receiver and terminate the courts administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(1) The fees and expenses of the receivership, including reasonable attorneys fees and costs; and
(2) Actual damages caused by the appointment, including reasonable attorneys fees and costs.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-23. Final Report of Receiver; Discharge

(a) On completion of a receivers duties, the receiver shall file a final report including:
(1) A description of the activities of the receiver in the conduct of the receivership;
(2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(3) A list of disbursements, including payments to professionals engaged by the receiver;
(4) A list of dispositions of receivership property;
(5) A list of distributions made or proposed to be made from the receivership for creditor claims;
(6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(7) Any other information required by the court.
(b) If the court approves a final report filed under subsection (a) and the receiver distributes all receivership property, the receiver is discharged.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-24. Receivership in Another State; Ancillary Proceeding

(a) The court may appoint a receiver appointed in another state, or that persons nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this article, if:
(1) The person or nominee would be eligible to serve as receiver under the provisions of 55-21-7 of this code; and
(2) The appointment furthers the persons possession, custody, control, or disposition of property subject to the receivership in the other state.
(b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this article.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-25. Effect of Enforcement by Mortgagee

(a) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(1) Make the mortgagee a mortgagee in possession of the real property;
(2) Make the mortgagee an agent of the owner;
(3) Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(4) Make the secured obligation unenforceable;
(5) Limit any right available to the mortgagee with respect to the secured obligation; or
(6) Except as otherwise provided in subsection (b), bar a deficiency judgment pursuant to law of this state other than this article governing or relating to a deficiency judgment.
(b) If a receiver sells receivership property that pursuant to 55-10-16(c) of this code is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of this state other than this article relating to a deficiency judgment.
2023 West Virginia Code › Chapter 55. Actions, Suits and Arbitration; Judicial Sale › Article 21. Uniform Commercial Real Estate Receivership Act › §55-21-27. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001
et seq
. of this code, but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c) of this code, or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. 7003(b) of this code.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.