West Virginia Code 55-2-18 – Extension of period for new action after dismissal or reversal where the action is timely filed
(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (ii) the judgment was reversed on a ground which does not preclude a filing of new action for the same cause.
Terms Used In West Virginia Code 55-2-18
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:
(1) A dismissal for failure to post an appropriate bond;
(2) A dismissal for loss or destruction of records in a former action; or
(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.