West Virginia Process Server Summons, Complaint and Subpoena Service in All 55 Counties

A case begins with the complaint, then the clerk signs the summons

Under WVRCP 3(a) a civil action is commenced by filing a complaint with the court, and Rule 3(b) requires every complaint to be accompanied by a completed civil case information statement. Rule 4(b) then has the plaintiff present a summons to the clerk for signature and seal on or after filing; if it is properly completed, the clerk signs, seals and issues it to the plaintiff for service. A summons, or a copy addressed to multiple defendants, is issued for each defendant to be served.

WVRCP 3(a)–⁠(b); 4(b)

What a West Virginia summons must contain

Rule 4(a)(1): the summons names the court and the parties, is directed to the defendant, states the name and address of the plaintiff’s attorney (or of the plaintiff if unrepresented), states the time within which the defendant shall appear and defend, warns that a failure to appear and defend may result in a default judgment for the relief demanded in the complaint, is signed by the clerk and bears the court’s seal. The court may permit a summons to be amended, and Rule 4(c)(1) requires it to be served with a copy of the complaint.

WVRCP 4(a), 4(c)⁠(1)

The 120-day service window

Rule 4(i): if a defendant is not served within 120 days after the complaint is filed, the court, on motion or on its own after notice to the plaintiff, shall dismiss the action without prejudice against that defendant or order that service be made within a specified time. If the plaintiff shows good cause for the failure, the court shall extend the time for an appropriate period. Rule 4(c)(1) puts the duty on the plaintiff, who is responsible for having the summons and complaint served within that time and furnishes the copies to the person who makes service.

WVRCP 4(i), 4(c)⁠(1)

Extensions and dismissal for inactivity

Rule 6(b) lets the court, for good cause, extend a time with or without a motion if it acts or a request is made before the time expires, and afterward only on a motion where the party failed to act because of excusable neglect. Separately, Rule 41(b) lets a defendant move to dismiss, and lets a court dismiss an action pending more than one year in which the plaintiff has taken no action, after notice and an opportunity to be heard; a dismissed action may be reinstated for good cause on a motion filed within three terms after the order.

WVRCP 6(b); 41(b)

Who may serve the summons and complaint

Rule 4(c)(2) sets the law: a person who is at least 18 years old and not a party may serve a summons and complaint. At the plaintiff’s request and on payment of fees and costs, the sheriff may serve; the clerk shall serve the West Virginia Secretary of State as statutory attorney-in-fact where a statute provides for it, and a party may serve the Secretary of State directly; and service may go by certified or first class mail, as the plaintiff directs. The plaintiff furnishes the copies needed and pays the costs of service.

WVRCP 4(c)⁠(2), 4(d)⁠(1)

Personal delivery, the dwelling, or an agent

Rule 4(d) allows personal or substituted service. An individual in West Virginia, other than a minor, an incompetent person or an incarcerated person, is served by personal delivery; by leaving a copy of the summons and complaint at the individual’s dwelling or usual place of abode with someone the age of 18 or above who resides there; or by delivery to an agent or attorney-in-fact authorized by appointment or statute. Rule 4(d)(1)(D) and (E) list the sheriff and the Secretary of State as further routes.

WVRCP 4(d)⁠(1)⁠(A)–⁠(E)

Certified mail sent by the circuit clerk

Under Rule 4(d)(1)(F) the clerk may send the summons and complaint by certified mail, return receipt requested, with delivery restricted to the individual to be served. That mailing supports a default only if the record holds a return receipt showing acceptance by the defendant or a return envelope showing the defendant refused it; after a refusal, the clerk mails a notice that the case will proceed and default may follow. A default is set aside if the defendant shows an unauthorized person signed the receipt or refused delivery.

WVRCP 4(d)⁠(1)⁠(F)

First class mail with a Form 11 acknowledgment

Rule 4(d)(1)(G) lets the clerk mail the summons and complaint first class, with two copies of a notice and acknowledgment conforming substantially to Form 11 and a prepaid return envelope addressed to the clerk. No default rests on this method unless the record holds the signed acknowledgment. If none reaches the clerk within 21 days after mailing, service must be made another way under Rule 4(d)(1)(A) through (E), and unless good cause is shown the court may order the person who did not return it to pay the cost of personal service.

WVRCP 4(d)⁠(1)⁠(G)

Minors and incompetent persons

Rule 4(d)(2) sends the papers to the guardian or conservator who is resident in West Virginia; with none, to the father or mother if found in the State; with neither, to a guardian ad litem appointed under Rule 17(c). If anyone on that list is a plaintiff, service goes to the first person in the order who is not a plaintiff.

WVRCP 4(d)⁠(2)

People confined in a jail or penitentiary

A person confined in the penitentiary or jail of West Virginia, another state or the United States is served through that person’s committee, guardian or like fiduciary resident in the State. If there is none, or that fiduciary is a plaintiff, service is made on a guardian ad litem appointed under Rule 17(c).

WVRCP 4(d)⁠(3)

Domestic corporations and their registered agent

Rule 4(d)(4)(A) allows delivering or mailing under Rule 4(c)(2) to an officer, director or trustee; if none is found in the State, delivery to any agent of the corporation (including a railroad depot or station agent, but not an insurance company’s local or soliciting agent); or delivery or mailing to an agent authorized by appointment or statute. W. Va. Code 31D-5-504 makes the registered agent the corporation’s agent for service. With no registered agent, or one who cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to its secretary at the principal office, effective on the earliest of receipt, the date on a receipt signed for the corporation, or five days after a postpaid, correctly addressed mailing. The section is not the only means of serving a corporation.

WVRCP 4(d)⁠(4)⁠(A); W. Va. Code § 31D-⁠5-⁠504

The Secretary of State as attorney-in-fact

Section 31D-5-504 also constitutes the Secretary of State the attorney-in-fact for each corporation formed under Chapter 31D. Service is made by delivering to and leaving with the Secretary of State the original and two copies for each defendant; the Secretary transmits one copy by registered or certified mail, return receipt requested, to the corporation, sent to its registered agent where it has one. It is sufficient if an agent or employee of the corporation signs the receipt or the addressee refuses the mail, and no process may be served on or accepted by the Secretary of State less than ten days before its return day.

W. Va. Code § 31D-⁠5-⁠504

Limited liability companies

Under W. Va. Code 31B-1-111 the agent an LLC or foreign LLC appoints is its agent for service of any process. If the company fails to appoint or maintain one, or the agent cannot with reasonable diligence be found at the agent’s address, the Secretary of State is the company’s agent: the original and two copies for each defendant are left there, service is sufficient if an agent or employee of the company signs the return receipt, and nothing may be served on the Secretary of State less than ten days before the return day.

W. Va. Code § 31B-⁠1-⁠111

Foreign corporations

A foreign corporation qualified to do business in West Virginia is served in the same manner as a domestic private corporation; one not qualified, through any officer, director, trustee or agent, or an agent authorized by appointment or statute (Rule 4(d)(4)(C)–(D)). Under W. Va. Code 31D-15-1510 the registered agent of an authorized foreign corporation is its agent for service, and registered or certified mail, return receipt requested, to the corporation’s secretary at the principal office in its application or latest return is allowed when it has no registered agent or one who cannot with reasonable diligence be served, has withdrawn from transacting business here, or has had its certificate of authority revoked.

WVRCP 4(d)⁠(4)⁠(C)–⁠(D); W. Va. Code § 31D-⁠15-⁠1510

Unincorporated associations

An association that can be sued under a common name is served through an officer, director or governor, or an agent authorized by appointment or statute. If none of them is found in the State, the papers go to any member of the association and notice of the action is published once a week for two successive weeks in a newspaper of general circulation in the county where the action is pending.

WVRCP 4(d)⁠(4)⁠(E)

Cities, county commissions, school boards and state agencies

A city, town or village is served through its mayor, city manager, recorder, clerk, treasurer, or any member of its council or board of commissioners. A county commission is served through any commissioner or its clerk, and if they are absent, the prosecuting attorney of the county. A board of education is served through its president or any member, and other domestic public corporations, including state agencies, through any officer, director or governor.

WVRCP 4(d)⁠(4)⁠(B)

Order of publication

Rule 4(e)(1) starts publication with the plaintiff’s affidavit that the defendant is a foreign corporation or business trust, or a nonresident, with no officer or agent in the State on whom service may be had; that the plaintiff used due diligence to learn the defendant’s residence or whereabouts without effect; that process delivered twice to the sheriff of the defendant’s county came back unexecuted; or that unknown parties are named by the general description of unknown defendants. The clerk then enters the order, which states that a copy of the complaint may be obtained from the clerk and sets an appearance date not fewer than 30 days after the first publication. It runs once a week for two successive weeks (or longer if a statute requires) in a newspaper of general circulation in the county, and is proved by filing the publisher’s certificate.

WVRCP 4(e)⁠(1)

Mailing after two failed sheriff deliveries

Rule 4(e)(2) applies when the plaintiff knows the residence of a defendant after process went twice to the sheriff and came back unexecuted, or knows the residence or principal office of a nonresident with no agent in the State. Service is then made by mail from the clerk, and the summons tells the defendant to appear and defend within 30 days of the date of mailing. If the certified mail is refused, the clerk promptly mails the summons and complaint first class; if it is not delivered for another reason, an affidavit to that effect leads the clerk to issue an order of publication. Under Rule 4(g), the plaintiff may still have the defendant served personally at any time before judgment.

WVRCP 4(e)⁠(2), 4(g)

Nonresidents with West Virginia contacts

W. Va. Code 56-3-33 treats certain acts by a nonresident as appointing the Secretary of State to receive process, including transacting any business in the State, contracting to supply services or things here, causing tortious injury by an act or omission here, having an interest in, using or possessing real property here, or contracting to insure a person, property or risk located here; only claims arising from those acts may be asserted under it. Service is made by leaving the original and two copies of the summons and complaint, with the statutory fee, with the Secretary of State, who sends notice and a copy by registered or certified mail, return receipt requested. If that mail comes back unclaimed or marked anything other than accepted or refused, notice may be served in any manner accepted in the nonresident’s home state. A defendant served this way who fails to appear and defend within 30 days may be defaulted.

W. Va. Code § 56-⁠3-⁠33

Personal service outside West Virginia

Rule 4(f) allows personal service of the summons and complaint outside the State on any defendant. If the plaintiff files an affidavit showing the defendant is a West Virginia resident, it has the effect of personal service in the State and in the county of the defendant’s residence; otherwise it has the effect of constructive service. Either way, the summons tells the defendant to appear and defend within 30 days after service.

WVRCP 4(f)

Proof of service by the server’s affidavit

Rule 4(h)(1): proof of service shall be made to the court, and except for service by a deputy sheriff, proof shall be by the server’s affidavit. Under Rule 4(h)(2), failure to prove service does not affect the validity of service, and the court may permit the proof to be amended. Rule 4.1(b) makes proofs of service and certificates of publication part of the record of the action for all purposes.

WVRCP 4(h); 4.1(b)

The answer and service defenses

A defendant serves an answer within 30 days after being served with the summons and complaint, accompanied by a completed civil case information statement. Insufficient process and insufficient service of process are Rule 12(b)(4) and (5) defenses, and Rule 12(h)(1) says a party waives them by leaving them out of a first Rule 12 motion or failing to raise them by motion or in a responsive pleading.

WVRCP 12(a), (b), (h)

Counting the days under Rule 6(a)

Rule 6(a) applies to any period in the rules, a local rule or court order, or a statute that does not set its own method: exclude the day of the triggering event, count every day including Saturdays, Sundays and legal holidays, and include the last day unless it is a Saturday, Sunday or legal holiday, in which case the period runs to the end of the next day that is none of those. Unless the court orders otherwise, if the clerk’s office is inaccessible on the last day, the time for filing moves to the first accessible day that is not a Saturday, Sunday or legal holiday. The clerk’s office is open during business hours every day except Saturdays, Sundays and legal holidays.

WVRCP 6(a); 77(c)

West Virginia legal holidays, including election days

Rule 6(a)(6) counts the days set by statute for New Year’s Day, Martin Luther King Jr.’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, West Virginia Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day; any day a general, special or primary election is held in the State or in the county where the circuit court sits; and any day the Governor or the President declares a holiday or the Legislature designates. W. Va. Code 2-2-1 sets the dates: January 1; the third Monday of January; Presidents’ Day on the third Monday of February; the last Monday in May; June 20, West Virginia Day; July 4; the first Monday of September; the second Monday of October; November 11; the fourth Thursday of November and Lincoln’s Day, the day after; and December 25. A holiday falling on a Sunday is observed the Monday after and one on a Saturday the Friday before, except election days and Governor-proclaimed days. General elections fall on the Tuesday after the first Monday in November of even years (Susan B. Anthony Day), and primaries on the second Tuesday in May every second year. Any statewide day off the Governor designates may be treated as a legal holiday for all courts, and 2-2-1 leaves the computation of court time periods to the rules of the Supreme Court of Appeals.

WVRCP 6(a)⁠(6); W. Va. Code §§ 2-⁠2-⁠1, 3-⁠1-⁠31, 3-⁠5-⁠1

Courthouse closures under the 2026 amendments

Enrolled S.B. 793, relating to courthouse closures on certain days, passed March 13, 2026 and took effect 90 days from passage, amending W. Va. Code 2-2-1 and 2-2-2. Section 2-2-2 now recognizes a weather or other emergency day, designated by order of the chief justice of the Supreme Court of Appeals or the chief judge of the circuit court of the county where the act is to be done, and a day of local significance: a date on which a locally observed occasion such as a fair, festival, parade or celebration makes the general transaction of court business in that county impractical, designated by orders issued more than 90 days before the date.

W. Va. Code § 2-⁠2-⁠2; 2026 S.B. 793

West Virginia subpoenas

Rule 4.1(a) leaves subpoenas to Rule 45. A subpoena issues from the court where the action is pending: the clerk issues one signed but otherwise in blank, which the requesting party completes before service, or an attorney authorized to practice in that court may issue and sign it. Every subpoena must set out the text of Rule 45(d) and (e), and one commanding documents, electronically stored information, tangible things or an inspection before trial is first noticed to each party with a copy. Any person not a party and not less than 18 may serve it, in the same manner as Rule 4(d)(1)(A), which is personal delivery, tendering if demanded the fees for one day’s attendance and the mileage allowed by law (no tender is needed on a subpoena for the State or its agencies). It may be served anywhere in West Virginia; proof, when necessary, is a statement certified by the server, showing the date and manner of service and the names of those served. A deponent may be required to attend only in the county of residence, employment or business in person, or a place the court fixes, and an objection is due by the earlier of the compliance date or 14 days after service.

WVRCP 4.1(a); 45(a)–⁠(c), (d)

Out-of-state subpoenas under the West Virginia UIDDA

W. Va. Code 56-12, the Uniform Interstate Depositions and Discovery Act, covers a foreign subpoena, meaning one issued under the authority of a court of record of another state, the District of Columbia, Puerto Rico, the United States Virgin Islands or a United States territory. A party submits it to a clerk of court in the county where discovery is sought, which is not an appearance in West Virginia courts. The clerk, in accordance with that court’s procedure, promptly issues a subpoena that incorporates the terms of the foreign subpoena and contains or is accompanied by the names, addresses and telephone numbers of all counsel of record and any unrepresented party. It must be served in compliance with the West Virginia Rules of Civil Procedure, which govern it; any motion to enforce, quash or modify goes to the court in the county where discovery is conducted. The article applies to cases pending on its effective date.

W. Va. Code §§ 56-⁠12-⁠1 to 56-⁠12-⁠8

Rules verified October 2026 against West Virginia Rules of Civil Procedure 3, 4, 4.1, 6, 12, 41, 45 and 77 (revised effective January 1, 2025), as published by the Supreme Court of Appeals of West Virginia, and W. Va. Code 2-2-1 and 2-2-2 (as amended by 2026 S.B. 793), 3-1-31, 3-5-1, 31B-1-111, 31D-5-504, 31D-15-1510, 56-3-33 and 56-12-1 to 56-12-8, as published by the West Virginia Legislature. General information, not legal advice. The rule controls.