West Virginia § 55-17-4 Procedures pending action

West Virginia Statutes

§ 55-17-4 — Procedures pending action

West Virginia § 55-17-4

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 17PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE

This text of West Virginia § 55-17-4 (Procedures pending action) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 55-17-4 (2026).

Text

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.