(a)Filing and service. - An answer to a complaint shall be filed by the defendant with the magistrate assistant, magistrate clerk, or deputy clerk. The defendant shall serve a copy of the answer upon the plaintiff in the manner set forth in Rule 8.(b)Time. - The answer shall be filed and served by the defendant:(1) Within 20 days after service of the summons and complaint; or(2) If service of the summons and complaint is made upon an agent or attorney in fact authorized to accept service upon the defendant, within 30 days after service; or(3) Not later than the date specified in an order of publication; or(4) In cases of unlawful entry and detainer and wrongful occupation of residential rental property, within 5 days after service of the summons and complaint.(c)Motions to transfer. - A defendant may, in his answer or within a reasonable time, move to transfer the case to the magistrate court of another county. The motion shall be ruled on promptly by the magistrate. Upon request by any party, the magistrate may schedule a pretrial hearing on the motion in accordance with Rule 11. If the magistrate finds that venue is improper or that, under West Virginia Code § 56-1-1(b), transfer to the magistrate court of another county would promote convenience and the ends of justice, the magistrate shall transfer the case to the magistrate court of the proper county.(d)Failure to state defense. - The failure of the defendant to state a particular defense in an answer shall not prevent the defendant from raising such defense at trial.R. Civ. Proce. For. Magist. Ct. 4
Amended by order dated June 26, 1990, effective 7/1/1990; and by order entered7/1/1991, effective 8/1/1991.