W.Va. R. Civ. P. 54

As amended through January 31, 2024
Rule 54 - [Effective 1/1/2025] Judgments; costs
(a)Definition; form. "Judgment" as used in these rules includes a decree and any order from which an appeal lies. A judgment shall not include recitals of pleadings, the a commissioner's report, or a record of prior proceedings.
(b)Judgment on multiple claims or involving multiple parties. When an action presents more than one claim for relief whether as a claim, counterclaim, crossclaim, or third-party claim or when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay. Otherwise, any order or other decision, however designated, that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties, including in a multiparty case the dismissal of all of the claims against fewer than all of the parties, does not end the action as to any of the claims or parties, and may be revised at any time before the entry of a judgment adjudicating all the parties' rights and liabilities.
(c)Demand for judgment; relief to be granted. A default judgment shall not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other final judgment shall grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.
(d)Costs.
(1)Costs other than attorney fees. Except when express provision therefore is made either in a statute of this State or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the State, its officers, and agencies shall be imposed only to the extent permitted by law. The clerk shall tax the costs within 14 days after judgment is entered, and shall send a copy of the bill of costs to each party affected thereby. On motion by any party served within 14 days after receipt of the bill of costs, the action of the clerk may be reviewed by the court.
(2)Attorney Fees.
(A) Claim to be by motion. A claim for attorney fees and related nontaxable expenses shall be made by motion unless the substantive law requires those fees to be proved at trial as an element of damages,
(B) Timing and contents of the motion. Unless a statute or a court order provides otherwise, the motion shall:
(i) be filed no later than 14 days after the entry of judgment;
(ii) specify the judgment and the statute, rule, or other grounds entitling the movant to the award;
(iii) state the amount sought or provide a fair estimate of it; and
(iv) disclose, if the court so orders, the terms of any agreement about fees for the services for which the claim is made.
(C) Proceedings. Subject to Rule 23(h), the court shall, on a party's request, give an opportunity for adversary submissions on the motion in accordance with Rule 4(e) or 78. The court may decide issues of liability for fees before receiving submissions on the value of services. The court shall find the facts and state its conclusions of law as provided in Rule 52(a).

W.va. R. Civ. P. 54

Amended effective 1/1/2025.