What to Expect When Litigating in West Virginia

Litigation can feel overwhelming - especially if it’s your first time facing a lawsuit in West Virginia. Whether you are a business owner, an individual, or part of a family dispute, understanding the process can make the experience less stressful. At The Skeen Firm, we help clients throughout Northern West Virginia and nearby areas navigate each step with confidence.

Step 1: The Lawsuit Begins

A lawsuit starts when someone files a complaint in court. In West Virginia, the complaint explains the legal claims and what the person filing (the plaintiff) wants. If you are the defendant, you’ll be served with the complaint and given a short deadline - usually 20 days - to respond.

Your attorney will review the complaint, explain the claims, and file an answer or other legal response. Missing this deadline can hurt your case, so it’s important to act quickly.

Step 2: The Discovery Process

After the initial filings, both sides enter discovery. This is the exchange of evidence and information. Discovery tools can include:

Interrogatories - written questions you must answer under oath

Requests for documents - to gather contracts, emails, records, or other evidence

Depositions - in-person or virtual questioning under oath, recorded by a court reporter

 This stage is often the most time-consuming, but it’s where much of the case is built.

Step 3: Motions and Hearings

During the case, either side may file motions asking the judge to decide certain issues. Common examples include:

Motions to limine

Motions for summary judgment (asking the court to decide without a trial)

In West Virginia, these motions are often argued in short hearings before the judge.

Step 4: Settlement Negotiations

Most lawsuits in West Virginia end with a settlement before trial. This can happen at any stage - even the day before trial. Settlement talks may take place informally between attorneys or through mediation, where a neutral third party helps the sides reach an agreement.

Step 5: Trial

If your case does not settle, it will go to trial. Trials can be decided by:

 A judge (bench trial)

A jury (jury trial)

 During trial, both sides present witnesses, documents, and arguments. After hearing the evidence, the judge or jury issues a verdict.

 Step 6: Appeals

If you disagree with the outcome, you may be able to appeal to the Supreme Court of Appeals of West Virginia. Appeals have strict deadlines and focus on whether legal errors affected the case outcome.

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Tips for Litigating in West Virginia

 Act quickly when served with court papers.

Keep organized records of all documents and communications.

Follow court deadlines - missing one can damage your case.

Work closely with your attorney - clear communication is key.

Need Help with Litigation in West Virginia?

Whether you’re dealing with a business dispute, contract claim, or family law matter, The Skeen Firm helps clients throughout Monongalia County, Marion County, Harrison County, and surrounding areas protect their rights in court.

Contact us today to schedule a discovery call and learn how we can help you navigate litigation from start to finish.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.