West Virginia § 55-2-18 Extension of period for new action after dismissal or reversal where the action is timely filed

West Virginia Statutes

§ 55-2-18 — Extension of period for new action after dismissal or reversal where the action is timely filed

West Virginia § 55-2-18

Ch. 55ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE

Art. 2LIMITATION OF ACTIONS AND SUITS

This text of West Virginia § 55-2-18 (Extension of period for new action after dismissal or reversal where the action is timely filed) 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 § 55-2-18 (2026).

Text

(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.

(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.

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

(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.