Rule 5 - [Effective 1/1/2025] Serving and filing pleadings and other documents(a)Service: when required.(1)In general. Unless these rules provide otherwise, each of the following documents shall be served on every party: (A) an order stating that service is required:(B) pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;(C) a discovery document required to be served on a party, unless the court orders otherwise:(D) a written motion, except one that may be heard ex parte; and (E) a written notice, appearance, demand, offer of judgment, designation of record on appeal, or any similar document.(2)If a party fails to appear. No service is required on a party who is in default failing to appear except as provided in Rule 55(b)(2). However a pleading that asserts a new claim for relief against such a party shall be served on that party under Rule 4.(b)Service; How made.(1)Serving an attorney. If a party is represented by an attorney, service under this rule shall be made on the attorney unless the court orders service on the party.(2)Service in general. A document is served under this rule by: (A) handing it to the person;(B) leaving it: (i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or(ii) if the person has no office at the person's dwelling or usual place of abode with someone the age of 18 or above and of suitable discretion who resides there: (C) mailing it to the person's last known address-in which event service is complete upon mailing;(D) leaving it with the court clerk if the person has no known address;(E) in counties where West Virginia E-Filing is utilized, by electronic service pursuant to Rule 15 of the West Virginia Trial Court Rules, or otherwise by sending it by facsimile transmission pursuant to Rule 12 of the West Virginia Trial Court Rules:(F) sending it by other electronic means if the person consented in writing- in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or(G) delivering it by any other means that the person consented to in writing-in which event service is complete when the person making service delivers it to the agency designated to make delivery.(c)Serving numerous defendants.(1)In general. If an action involves an unusually large numbers of defendants, the court may, on motion or on its own e order that: (A) defendants' pleadings and replies to them need not be served on other defendants;(B) any s crossclaim, counterclaim, avoidance or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and (C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.(2)Notifying parties. A copy of every such order shall be served on the parties as the court directs.(d)Filing; certificate of service.(1) Any document after the complaint that is required to be served upon a party, together with a certificate of service, shall be filed within a reasonable time after service. But disclosures under Rule 26( a )(1) or (2), and the following discovery requests and responses, shall not be filed until they are used in the proceeding or Unless the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. Certificates of service of discovery materials shall be filed. Unless otherwise stipulated or ordered, the party taking a deposition or obtaining any material through discovery is responsible for its custody, preservation and delivery to the court if needed or ordered. Such responsibility shall not terminate until one year after final disposition of the action. The responsibility shall not terminate upon dismissal of any party while the action is pending. The custodial responsibility of a dismissed party may be discharged by stipulation of the parties to transfer the custody of the discovered material to one or more of the remaining parties.
(2)Electronic filing, signing or verification. A court may allow documents to be filed, signed or verified by electronic means. A document filed electronically is a written document for purposes of these rules. Filing by facsimile is permitted pursuant to the Supreme Court of Appeals Rules for Filing and Service by Facsimile Transmission. Electronic filing and service may be permitted pursuant to the West Virginia Trial Court Rules.(3)Non-electronic filing. A document not filed electronically is filed by deliyering it: (B) to a judge who agrees to accept it for filing, and who shall then note the filing date on the document and promptly send it to the clerk.Amended effective 1/1/2025.