Any court may, on motion, reinstate on the trial docket of the court any case dismissed, and set aside any nonsuit that may be entered by reason of the nonappearance of the plaintiff, within three terms after the order of dismissal shall have been made, or order of nonsuit entered; but any such order of reinstatement shall not be entered until the accrued costs in such case shall have been paid.
W. Va. Code § 56-8-12
Reinstatement of dismissed case or nonsuit
Applied in 6 court decisions — leading case 162 W. Va. 893 - Arlan's Dept. Store of Huntington, Inc. v. Conaty (1979)
Most recently applied in 223 W. Va. 295 - Rashid v. Tarakji (November 2008)
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.