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Rule 8. Service of Pleadings, Motions and Other Papers
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Updated On:
10349
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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 8. Service of Pleadings, Motions and Other Papers - Preview Page
(a) When Service Is Required. Every pleading subsequent to the original complaint, every answer, every written motion other than one which may be heard without notice to other parties and every written notice, appearance, demand, and similar paper submitted by a party to a case shall be served upon each party to the case.
(b) How Service Is Made. Whenever service is required to be made upon a party represented by an attorney of record, the service shall be made upon the attorney. Service upon the attorney or upon a party shall be made by delivering a copy, by mailing a copy to the last-known address, or by facsimile transmission to his or her office or usual place of abode.
Delivery of a copy means:
(1) Handing it to the person to be served;
(2) Leaving it at the person’s office with the person’s clerk or other person in charge thereof; or
(3) If the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some member of the person’s family above the age of 16 years.
Service by mail is complete upon mailing. Service by facsimile transmission is complete upon receipt of the entire document by the receiver’s facsimile machine.
(c) Parties in Default. No service need be made on parties in default for failure to answer or appear, except that pleadings asserting new or additional claims for relief against them shall be served in the manner provided for service of summons and complaint in Rule 3.
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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