W. Va. Code R. § 137-3-8

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 137-3-8 - Amendment of Complaint or Answer
8.1. A party many amend a pleading once as a matter of right at any time before a responsive pleading is served. If the pleading is one to which no responsive pleading is permitted, a party may amend it at any time within 20 days after it is served. Otherwise a party may only amend a pleading after motion and hearing pursuant to Rule 10 below. Permission to amend shall be freely given so long as it permits presentation of the merits of the action, the adverse party is not prejudiced by the sudden assertory of the amended pleading, and the adverse party is given sufficient time to meet the issue.
8.2. Any amendments to any complaint or answer shall relate back to the original date of institution of proceedings unless such relation back prejudices the rights of the other party to the action or the law otherwise will not permit such relation back.
8.3. When any amended complaint is properly allowed, filed and served the respondent shall answer such complaint within ten days, or within the time remaining for answer to the original pleading, whichever is longer.

W. Va. Code R. § 137-3-8