Originally from:
Handbook On the Rules Of Civil Procedure For West Virginia Magistrate Courts - Hardcover Version
Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts - PDF Version
Rule 15. Dismissal - Preview Page
In addition to other grounds for dismissal as provided by law, the magistrate shall dismiss an action without prejudice where:
(a) Service of the summons and complaint has not been successfully made upon the defendant within 6 months of the initial filing of the complaint; or
(b) The defendant fails to file an answer and the plaintiff fails to move for a default judgment within 6 months of service of the summons and complaint upon defendant; or
(c) An action is pending for more than 6 months and there has been no order or proceeding but to continue it.
When the magistrate dismisses an action under this rule, the clerk shall immediately notify all parties who are not in default and their counsel of record that a judgment has been entered. The notice shall be mailed to the last address on record for each such party, and shall state that any dissatisfied party may move to set aside the judgment in accordance with Rule 17.
About the Authors:
Justice Robin Jean Davis was engaged in the private practice of law in the state of West Virginia from 1982 until 1996. In 1996, she was elected as a Justice to the West Virginia Supreme Court of Appeals to fill an unexpired term. She was re-elected in November 2000. Justice Davis served as Chief Justice in 1998, 2002, 2006, 2007, and 2010. Justice Davis is the author of several West Virginia Law Review articles, including: "A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles from His Opinions as a Justice on the West Virginia Supreme Court of Appeals"; "A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles from Opinions Written by Justice McHugh"; "An Analysis of the Development of Admitting Expert Testimony in Federal Courts and the Impact of That Development on West Virginia Jurisprudence"; and is the co-author with Louis J. Palmer, Jr. of "Workers' Compensation Litigation in West Virginia: Assessing the Impact of the Rule of Liberality and the Need for Fiscal Reform." In addition, Justice Davis is the co-author with Franklin D. Cleckley and Louis J. Palmer, Jr. of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).
Louis J. Palmer, Jr. has been a staff attorney on the West Virginia Supreme Court of Appeals since 1996. He has authored several books that include: Encyclopedia of Abortion in the United States (2d ed. 2008); Encyclopedia of Capital Punishment in the United States (2d ed. 2008); Racism in America: A Guide to Understanding Discrimination (2006); and Encyclopedia of DNA and the United States Criminal Justice System (2004). In addition, Mr. Palmer is the co-author with Franklin D. Cleckley and Robin Jean Davis of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).