West Virginia § 56-4-6 Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages

West Virginia Statutes

§ 56-4-6 — Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages

West Virginia § 56-4-6

Ch. 56PLEADING AND PRACTICE

Art. 4RULES AND PLEADING

This text of West Virginia § 56-4-6 (Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages) 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 § 56-4-6 (2026).

Text

A defendant may appear at the rule day at which the process against him is returnable, or, if it be returnable in term, at the first rule day after the return day, and, if the declaration or bill be not then filed, may give a rule for the plaintiff to file the same. If the plaintiff fail to do this at the succeeding rule day, or shall, at any time after the defendant's appearance, fail to prosecute his suit, he shall be nonsuited and pay to the defendant, besides his costs, $5.

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

A defendant may appear at the rule day at which the process against him is returnable, or, if it be returnable in term, at the first rule day after the return day, and, if the declaration or bill be not then filed, may give a rule for the plaintiff to file the same. If the plaintiff fail to do this at the succeeding rule day, or shall, at any time after the defendant's appearance, fail to prosecute his suit, he shall be nonsuited and pay to the defendant, besides his costs, $5.