Rule 71.2.Extraordinary writs in circuit court

Current through January 1, 2025 · Last verified July 8, 2026

In one sentenceRule 71.2 applies the civil procedure rules to extraordinary writ actions (like mandamus or prohibition) filed in circuit court against state agencies or officials, lets a plaintiff join different kinds of writs and relief in one action, requires the complaint to identify the authority for the writ sought, and bars a default judgment against a defaulting state defendant in favor of a mandatory hearing on the merits.

Full Text of Rule 71.2

Text sizeJump to: (a) (b) (c) (d)

(a) Applicability of rules. The West Virginia Rules of Civil Procedure govern extraordinary writs in circuit court in all respects, except as otherwise provided by this rule, to the extent they do not conflict with the constitution or statutes of this State.

(b) Joinder of claims in different writs. A plaintiff may join a demand for relief which encompasses different types of writs and other types of relief.

(1) Caption. The complaint shall contain a caption as provided in Rule 10(a) except that the plaintiff shall name as defendants the agencies, entities, subdivisions or individuals of the State of West Virginia to which the relief shall be directed.

(2) Contents. The complaint shall contain a short and plain statement of the authority for the writ demanded.

(d) Response.

(1) Right to relief conceded. If a defendant agency, entity, subdivision or individual of the State of West Virginia concedes the appropriateness of the writ requested, that defendant may serve notice of the concession and the court shall enter a writ granting appropriate relief and may substitute the concession for findings of fact on the need for and the appropriateness of the relief demanded if justice requires.

(2) Right to relief contested. If a defendant agency, entity, subdivision or individual of the State of West Virginia contests the plaintiff’s or plaintiffs' right to the writ demanded, the defendant shall answer or otherwise respond to the complaint.

(3) Default. If a defendant agency, entity, subdivision or individual of the State of West Virginia fails to answer or otherwise appear, the court shall declare the defendant in default pursuant to Rule 55(a). The court may not enter default judgment pursuant to Rule 55(b) but shall hold a hearing or hearings on the relief demanded and award a writ or writs and find that the agency, entity, subdivision or individual of the State of West Virginia clearly intends to fail to appear, plead or otherwise defend in the action.

(4) Jurisdiction and venue unaffected. Jurisdiction and venue requirements for writ proceedings are unaffected by this rule.

End

Amendment History

The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.

Plain-English Summary

Extraordinary writs — mandamus compelling an official to act, prohibition stopping one from exceeding its authority, and similar remedies — have their own procedural quirks, and Rule 71.2 fits them into the ordinary civil rules whenever a plaintiff files one directly in circuit court against a state agency, subdivision, or individual. The rules govern in every respect except where this rule itself says otherwise, and only to the extent they don't conflict with the constitution or statutes.

A plaintiff can combine different kinds of writs and other relief in a single action, and the complaint has a caption naming the state agencies or officials as defendants along with a short, plain statement of the authority for the writ demanded. A defendant state agency that agrees the writ should issue can concede the point, letting the court substitute that concession for factual findings if justice calls for it; one that disagrees has to answer or otherwise respond like any other defendant.

Default gets special treatment here. If a state defendant doesn't answer or appear, the court declares a default under Rule 55(a) — but it can't enter a default judgment under Rule 55(b) the way it could against an ordinary defendant. Instead, the court has to hold a hearing on the relief demanded, award the writ, and find that the state agency or official clearly intends not to appear, plead, or defend. Jurisdiction and venue for writ proceedings aren't affected by any of this.

Frequently Asked Questions

What kinds of relief can be combined in an extraordinary writ action?

A plaintiff can join a demand encompassing different types of writs along with other kinds of relief in the same action.

What has to be in the complaint for an extraordinary writ against a state agency?

A caption naming the state agencies, entities, subdivisions, or individuals the relief is directed against, plus a short and plain statement of the authority for the writ demanded.

Can a court enter an ordinary default judgment if a state defendant doesn't respond?

No. The court declares the defendant in default under Rule 55(a), but instead of entering default judgment under Rule 55(b), it must hold a hearing on the relief demanded and find that the state defendant clearly intends not to appear, plead, or defend before awarding the writ.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 71.2). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: extraordinary writmandamus West Virginiawrit of prohibition circuit courtdefault against state agency