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West Virginia Summons in a Civil Action (for an Amended Complaint)

State:
West Virginia
Control #:
WV-SKU-0192
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PDF
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Summons in a Civil Action (for an Amended Complaint)
West Virginia Summons in a Civil Action (for an Amended Complaint) is a document issued by a court, typically a circuit court, that notifies a defendant that they are being sued in a civil action. The summons will typically provide the defendant with the name of the plaintiff, the court, the case number, and the date and time of the hearing. The summons will also inform the defendant of the nature of the complaint and their right to file a response. In the case of an Amended Complaint, the summons informs the defendant that a new complaint has been filed and that they must file a response. There are two types of West Virginia Summons in a Civil Action (for an Amended Complaint): the Original Summons and the Amended Summons. The Original Summons is served to the defendant when the complaint is initially filed; the Amended Summons is served to the defendant when the plaintiff files an amended complaint.

West Virginia Summons in a Civil Action (for an Amended Complaint) is a document issued by a court, typically a circuit court, that notifies a defendant that they are being sued in a civil action. The summons will typically provide the defendant with the name of the plaintiff, the court, the case number, and the date and time of the hearing. The summons will also inform the defendant of the nature of the complaint and their right to file a response. In the case of an Amended Complaint, the summons informs the defendant that a new complaint has been filed and that they must file a response. There are two types of West Virginia Summons in a Civil Action (for an Amended Complaint): the Original Summons and the Amended Summons. The Original Summons is served to the defendant when the complaint is initially filed; the Amended Summons is served to the defendant when the plaintiff files an amended complaint.

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FAQ

Rule 42(a) of the Federal Rules of Civil Procedure provides that ?if actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay

- A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 20 days after it is

The procedure of Rule 34 shall apply to the request. A party may in a notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested.

- (A) Objections to the competency of a witness or to the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.

Rule 42(a) of the Federal Rules of Civil Procedure provides that ?if actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay

Rule 41 - Search and seizure (a)Authority to issue warrant. - Upon the request of a law enforcement officer or an attorney for the state, a search warrant authorized by this rule may be issued by a magistrate or a judge of a circuit court within the county wherein the property or person sought is located.

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The court may permit supplementation even though the original pleading is defective in stating a claim or defense. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant.No summons shall issue at this time and all further proceedings shall be stayed for thirty. Have the person who serves the summons and amended complaint on each defendant complete an affidavit or affirmation of service ofprocess form. The opinion states in dictum, "If any defendants have not appeared, a summons must be issued upon the amended complaint and served upon such defendants. The court may permit a summons to be amended. The amendment to Rule 4. Fed. See form CC-1400, SUMMONS - CIVIL. ACTION. Submit this form to the court clerk along with your complaint and, if necessary, a case inventory addendum (MC 21).

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West Virginia Summons in a Civil Action (for an Amended Complaint)