West Virginia § 55-17-4 Procedures pending action

West Virginia Statutes

§ 55-17-4 — Procedures pending action

West Virginia·Ch. 55 ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE·Art. 17 PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE

Notwithstanding any other provisions of law to the contrary:

(1)A government agency shall be allowed sixty days to serve an answer to a complaint or petition for which a summons has been issued and served upon a government agency;

(2)Judgment by default may not be entered against a government agency in an action as defined in section two of this article unless the court, after a hearing on a motion for default judgment, finds that the government agency clearly intends to fail to appear, plead or otherwise defend in the action; and

(3)No government agency may be ordered to pay punitive damages in any action.

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Notwithstanding any other provisions of law to the contrary:

(1) A government agency shall be allowed sixty days to serve an answer to a complaint or petition for which a summons has been issued and served upon a government agency;

(2) Judgment by default may not be entered against a government agency in an action as defined in section two of this article unless the court, after a hearing on a motion for default judgment, finds that the government agency clearly intends to fail to appear, plead or otherwise defend in the action; and

(3) No government agency may be ordered to pay punitive damages in any action.

West Virginia § 55-17-4 (Procedures pending action) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.