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West Virginia Code

4

Rules and Pleading.

56-4-1Rule days.56-4-2Rule docket.56-4-3Rule entries.56-4-4Continuance at rules in absence of clerk.56-4-5What rules may require.56-4-6Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages.56-4-7Dismissal for failure to file declaration or bill.56-4-8Return to show defendant's nonresidence; abatement as to nonresident not served.56-4-9Minors may sue by next friend or guardian; substitution of plaintiffs.56-4-10Guardian ad litem.56-4-11Transfer of cases from law to equity and vice versa.56-4-12Abatement for want of form in declaration.56-4-13Unnecessary averments in trespass on the case.56-4-14Allegations of place where contract was made or act done.56-4-15Averments as to jurisdiction; profert; oyer.56-4-16Allegations not traversable nor requiring proof.56-4-17Form of declaration or count on insurance policy.56-4-18Filing account in assumpsit.56-4-19Statement of particulars of claim.56-4-20Statement of particulars of defense.56-4-21Plea in action on insurance policy; statement specifying particular defense.56-4-22Same -- Joinder in issue; statement specifying matter in waiver, estoppel or confession and avoidance.56-4-23Failure to file statement; insufficient statement; amendment; exclusion of evidence of party in default; sufficiency of statement.56-4-24Right to amend in general.56-4-25Amended declaration or bill, supplemental bill or bill of revivor in vacation.56-4-26Amendment after demurrer is sustained.56-4-27Amendment to cure variance between pleading and proof.56-4-28Continuance and costs after amendment.56-4-29Plea in abatement -- Misnomer; amendment inserting correct name.56-4-30Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.56-4-31Same -- Plea in abatement for want of jurisdiction.56-4-32Same -- Verification of plea in abatement and of non est factum; may be pleaded and verified by attorney or agent of defendant.56-4-33Same -- Time for filing plea in abatement.56-4-34Misjoinder and nonjoinder of parties.56-4-35Verdict and judgment as to particular defendants; costs.56-4-36Scope of demurrer; objections to filing of pleadings for insufficiency abolished; form, grounds and argument.56-4-37Defects disregarded on demurrer.56-4-38Pleading in abatement and in bar at same time; trial of issues.56-4-39Pleading several defenses; demurrer and special replications to special plea.56-4-40Commencement of plea.56-4-41Unnecessary allegations in pleas, etc.56-4-42Omission of protestation.56-4-43Conclusion of traverse.56-4-44When parties may proceed without similiter or joinder in demurrer.56-4-45Unnecessary allegations in second or other plea.56-4-46Pleading denying execution of writing or entry or genuineness of judgment or decree.56-4-47Plea denying partnership; form of denial of corporate existence.56-4-48Judgment or decree by confession.56-4-49Failure to plead, answer or demur; rule to plead; conditional judgment or decree nisi; judgment or decree by default; order for inquiry of damages.56-4-50When inquiry of damages unnecessary.56-4-51Office judgment; affidavits by plaintiff and defendant; judgment.56-4-52Setting aside office judgment; trial.56-4-53Hearing as to defendants served; discontinuance.56-4-54Form of bill of complaint.56-4-55Jury trial of issue upon plea in equity.56-4-56Argument of plea or demurrer in equity; time to answer after demurrer overruled; proceeding on default; status of answer filed in vacation.56-4-57Time to answer in general.56-4-58Claim in answer for affirmative relief; special reply.56-4-59Answer asking affirmative relief equivalent to crossbill.56-4-60Admissions in equity by failure to deny.56-4-61Proof of allegations denied by answer.56-4-62Verification of pleadings in equity.56-4-63Appearance of corporation by attorney; verification of pleading of corporation.56-4-64Form of verification of pleading.56-4-65Exceptions to answers for insufficiency abolished; test by demurrer; amended answer; procedure if amended answer is insufficient.56-4-66Attachment or order to answer interrogatories.56-4-67Insufficient answer after rule.56-4-68Setting cause in equity for hearing.56-4-69Hearing as to one defendant; rule to mature cause.56-4-70Control by court over proceedings in office during vacation.56-4-71Pleadings and proof in actions on bonds, notes or other evidences of debt subject to taxation.