W.Va. R. Civ. P. 55

As amended through January 31, 2024
Rule 55 - [Effective 1/1/2025] Default
(a)Entering a default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk shall enter the party's default.
(b)Entering a default judgment.
(1)By the clerk. If the plaintiff's claim is for a sum certain or for a sum that can be made certain by computation, the clerk-on the plaintiff's request, with an affidavit showing the amount due shall enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
(2)By the court. In all other cases, the party shall apply to the court for a default judgment. A default judgment shall be entered against, a minor or incompetent person, only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or, its representative shall be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals preserving any right to a jury trial-when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(c)Setting aside a default or a default judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).
(d) Entry of judgment. The provisions of Rule 58 apply to default judgments.

W.va. R. Civ. P. 55

Amended by order adopted February 19, 1998, effective 4/6/1998; Amended effective 1/1/2025.