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Rule 4. Answer
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10344
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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 4. Answer - Preview Page
(a) Filing and Service. An answer to a complaint shall be filed by the defendant with the magistrate assistant, magistrate clerk, or deputy clerk. The defendant shall serve a copy of the answer upon the plaintiff in the manner set forth in Rule 8.
(b) Time. The answer shall be filed and served by the defendant:
(1) Within 20 days after service of the summons and complaint; or
(2) If service of the summons and complaint is made upon an agent or attorney in fact authorized to accept service upon the defendant, within 30 days after service; or
(3) Not later than the date specified in an order of publication; or
(4) In cases of unlawful entry and detainer and wrongful occupation of residential rental property, within 5 days after service of the summons and complaint.
(c) Motions to Transfer. A defendant may, in his answer or within a reasonable time, move to transfer the case to the magistrate court of another county. The motion shall be ruled on promptly by the magistrate. Upon request by any party, the magistrate may schedule a pretrial hearing on the motion in accordance with Rule 11. If the magistrate finds that venue is improper or that, under West Virginia Code § 56-1-1(b), transfer to the magistrate court of another county would promote convenience and the ends of justice, the magistrate shall transfer the case to the magistrate court of the proper county.
(d) Failure to State Defense. The failure of the defendant to state a particular defense in an answer shall not prevent the defendant from raising such defense at trial.
§ 4 Answer to Complaint
[1] General commentary
Rule 4 addresses several issues that pertain to a defendant. The rule sets out matters involving filing and serving an answer to the complaint, the time limits for responding to a complaint, setting out a request in an answer to transfer the case to another county, and raising defenses in an answer. Each of these matters are
discussed separately in the subsections that follow.
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).
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