WV · rules
W. Va. R. Civ. P. 71.2
Extraordinary writs in circuit court
(a) Applicability of rules. The West Virginia Rules of Civil Procedure govern extraordinary writs in circuit court in all respects, except as otherwise provided by this rule, to the extent they do not conflict with the constitution or statutes of this State.
(b) Joinder of claims in different writs. A plaintiff may join a demand for relief which encompasses different types of writs and other types of relief.
(c) Complaint.
(1) Caption. The complaint shall contain a caption as provided in Rule 10(a) except that the plaintiff shall name as defendants the agencies, entities, subdivisions or individuals of the State of West Virginia to which the relief shall be directed.
(2) Contents. The complaint shall contain a short and plain statement of the authority for the writ demanded.
(d) Response.
(1) Right to relief conceded. If a defendant agency, entity, subdivision or individual of the State of West Virginia concedes the appropriateness of the writ requested, that defendant may serve notice of the concession and the court shall enter a writ granting appropriate relief and may substitute the concession for findings of fact on the need for and the appropriateness of the relief demanded if justice requires.
(2) Right to relief contested. If a defendant agency, entity, subdivision or individual of the State of West Virginia contests the plaintiff’s or plaintiffs' right to the writ demanded, the defendant shall answer or otherwise respond to the complaint.
(3) Default. If a defendant agency, entity, subdivision or individual of the State of West Virginia fails to answer or otherwise appear, the court shall declare the defendant in default pursuant to Rule 55(a). The court may not enter default judgment pursuant to Rule 55(b) but shall hold a hearing or hearings on the relief demanded and award a writ or writs and find that the agency, entity, subdivision or individual of the State of West Virginia clearly intends to fail to appear, plead or otherwise defend in the action.
(4) Jurisdiction and venue unaffected. Jurisdiction and venue requirements for writ proceedings are unaffected by this rule.
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
6b133c034c866055a9f39156f722dab88abec01eed241145a0eed0b5c9b33e92
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