The West Virginia Certificate of Service is a document that certifies the receipt of legal documents by the parties of a particular case. It is an affidavit that affirms the delivery of the legal documents to the intended recipients. There are three types of West Virginia Certificate of Service: Service by Personal Delivery, Service by Certified Mail, and Service by Publication. Service by Personal Delivery involves the direct delivery of the documents to the recipient, usually in person. Service by Certified Mail requires that the documents be sent through the United States Postal Service with a return receipt and is used when the recipient is unable to be served in person. Service by Publication requires the documents to be published in a newspaper of general circulation for a certain period of time. All three types of West Virginia Certificate of Service must be completed and filed with the court to certify the legal documents were delivered to the parties involved.
West Virginia Certificate of Service
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A defendant shall serve an answer within 20 days after the service of the summons, unless before the expiration of that period the defendant files with the court and serves on the plaintiff a notice that the defendant has a bona fide defense, and then an answer shall be served within 30 days after the defendant was
§56-4-9. Minors may sue by next friend or guardian; substitution of plaintiffs. Any minor entitled to sue may do so by his next friend or guardian.
How do I request the Letter of Good Standing? A letter of good standing is requested by completing a GSR-01 form. If you have a MyTaxes account, you may complete this form from your My Taxes account. The form is found under the "I Want To" section.
Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
Demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in the party's pleadings.
Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.