yourstate.us
W. Va. Code § 56-4-34

Misjoinder and nonjoinder of parties

West Virginia · West Virginia Code Chapter 56 — Pleading and Practice · Status: effective

Get this as JSONEmbed this
Cite this
Citation
W. Va. Code § 56-4-34, Misjoinder and nonjoinder of parties, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2391357
Permanent ID
ys:prov:2391357@1
SHA-256
d2b5227b355e47b47406a2bd80ace350c522c764aaf872c7bbf41c51128f3fb6

The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.

Full text

No action or suit shall abate or be defeated by the misjoinder or nonjoinder of parties, plaintiff or defendant. Whenever such misjoinder shall be made to appear by affidavit or otherwise, the parties misjoined shall be dropped by order of the court, entered of its own accord or upon motion, at any stage of the cause. Whenever in any case full justice cannot be done and a complete and final determination of the controversy cannot be had without the presence of other parties, and such nonjoinder shall be made to appear by affidavit or otherwise at any time before final judgment or decree, the court of its own accord, or upon motion, may cause such omitted persons to be made parties to the action or suit, as plaintiffs or defendants, by proper amendment and process, at any stage of the cause, as the ends of justice may require, and upon such terms as may appear to the court to be just; but no new party shall be added upon motion unless the place of his residence, if known, be stated with convenient certainty in the affidavit of the party questioning his nonjoinder, and, if his place of residence be not known, unless such fact be stated.