56-3-1 Ancient writs
56-3-2 Writs abolished
56-3-2a Actions for breach of promise to marry and for alienation of affections prohibited
56-3-3 Forms of writs and other process
56-3-4 Issuance of process; alteration
56-3-5 To whom process directed; return of process; return of summons for witness
56-3-6 Delivery of process
56-3-7 Officer’s receipt of process
56-3-8 Proof of mailing process to officer
56-3-9 Service in other county; return
56-3-10 Clerk’s receipt of process sent by mail; postage due
56-3-11 Execution and validity of service generally; execution when sheriff is disqualified; service when original is returned not executed
56-3-12 Service of summons or scire facias; finality of judgment by default on scire facias or summons
56-3-13 Service of process or notice on domestic corporations
56-3-13a Service of process or notice on domestic and foreign limited partnerships; service by publication
56-3-14 Service of process or notice on foreign corporations
56-3-15 Service of process or notice on common carriers other than corporations
56-3-16 Execution of process on Sunday
56-3-17 Where process may be executed
56-3-18 When officer may summon assistance; failure to assist
56-3-19 Officer’s service and return of process; failure to make proper return; false return
56-3-20 Further liability for failure to make proper return
56-3-21 Alias process
56-3-22 Judgment on return nihil
56-3-23 Service by publication generally
56-3-24 Contents of order of publication; publishing
56-3-25 Failure to appear in response to publication; trial or hearing
56-3-26 Rehearing in case of nonpersonal service
56-3-27 Order of publication in Supreme Court of Appeals
56-3-28 Requisites of publication in Supreme Court of Appeals
56-3-29 Rehearing in Supreme Court of Appeals
56-3-31 Actions by or against nonresident operators of motor vehicles involved in highway accidents; appointment of Secretary of State, insurance company, as agents; service of process
56-3-32 Process is part of record without oyer
56-3-33 Actions by or against nonresident persons having certain contacts with this state; authorizing Secretary of State to receive process; bond and fees; service of process; definitions; retroactive application
56-3-33a Actions against nonresident persons by petitioners seeking domestic violence or personal safety relief; service of process; authorizing Secretary of State to receive process against nonresidents
56-3-34 Actions by or against nonresident bail bond enforcement agents or bail bondsmen; appointment of Secretary of State as agents; service of process

Terms Used In West Virginia Code > Chapter 56 > Article 3 - Writs, Process and Order of Publication

  • Administratrix: The female counterpart of an administrator. See also
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Duly authorized agent: means and includes, among others, a person who operates a motor vehicle in this state for a nonresident as defined in this section and chapter, in pursuit of business, pleasure or otherwise, or who comes into this state and operates a motor vehicle for, or with the knowledge or acquiescence of, a nonresident. See West Virginia Code 56-3-31
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Executrix: The female counterpart of an executor. See also
  • highway: means the entire width between property lines of every way or place of whatever nature when any part of the street, road or highway is open to the use of the public, as a matter of right, for purposes of vehicular traffic. See West Virginia Code 56-3-31
  • Insurance company: means any firm, corporation, partnership or other organization which issues automobile insurance. See West Virginia Code 56-3-31
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Motor vehicle: means and includes any self-propelled vehicle, including a motorcycle, tractor and trailer, not operated exclusively upon stationary tracks. See West Virginia Code 56-3-31
  • Nonresident: means any person who is not a resident of this state or a resident who has moved from the state subsequent to an accident or collision and among others includes a nonresident firm, partnership, corporation or voluntary association, or a firm, partnership, corporation or voluntary association that has moved from the state subsequent to an accident or collision. See West Virginia Code 56-3-31
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.