W. Va. Code § 55-2-18
Extension of period for new action after dismissal or reversal where the action is timely filed
West Virginia · West Virginia Code Chapter 55 — Actions, Suits and Arbitration; Judicial Sale · Status: effective
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- Citation
- W. Va. Code § 55-2-18, Extension of period for new action after dismissal or reversal where the action is timely filed, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2390873
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Full 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.