Certificate of Service

CERTIFICATE OF SERVICE

State of West Virginia — Circuit Court

WEST VIRGINIA SERVICE RULES — QUICK REFERENCE

Primary Authority: West Virginia Rules of Civil Procedure Rule 5, as revised effective January 1, 2025, and West Virginia Trial Court Rules Rule 10 govern service of papers in West Virginia circuit court civil proceedings.

2025 Revision Note: The West Virginia Rules of Civil Procedure were substantially revised with a new version effective January 1, 2025. These revised rules govern all civil actions and proceedings in West Virginia trial courts of record. This template reflects the 2025 revised rules.

Who Must Be Served (W. Va. R. Civ. P. 5(a)): All papers after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court within a reasonable time after service. Every pleading subsequent to the original complaint, every written motion (except those heard ex parte), every paper relating to discovery, and every written notice, appearance, demand, and similar paper must be served on each party.

Authorized Methods of Service (W. Va. R. Civ. P. 5(b)):

• Personal delivery: Delivering a copy to the attorney or party
• Office delivery: Leaving at the attorney's office with a clerk or person in charge; if office is closed, leaving at the dwelling house or usual place of abode with a person of suitable age and discretion
• Mail: Mailing a copy to the attorney or party at their last known address; complete upon mailing
• Electronic filing system: E-filing through the West Virginia e-filing and service system constitutes service under Rule 5 upon selection of participants and completed submission
• Email or other electronic means: With written consent of the person to be served
• U.S. Mail feature of e-filing system: Available when a party is unable to receive electronic service

Mail Service — Three-Day Extension (W. Va. R. Civ. P. 6(e)): When a party must act within a prescribed time after service of a paper, and service is by mail, three (3) additional days are added to the prescribed period. No extension applies to electronic service through the e-filing system.

West Virginia E-Filing System (Trial Court Rule 10): West Virginia courts use a statewide e-filing and service system. Under Trial Court Rule 10.02, an e-filed document is deemed served for purposes of Rule 5 only upon selection of participants to be served and completed submission of the electronic filing. The associated filing receipt lists the participants selected and gives proof of date, time, and method of service.

E-Service on Non-Participants (Trial Court Rule 10.04): If an individual or entity required to receive service is NOT a participant in the e-filing and service system, the document must be served in accordance with Rule 5 (traditional service methods), or by utilizing the U.S. Mail feature of the e-filing system. A copy of the certificate of service evidencing non-electronic service must be filed in the e-filing system.

Certificate of Service Required (W. Va. R. Civ. P. 5(d)): All papers after the complaint that are required to be served must be filed together with a certificate of service.

PART I — CASE CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, WEST VIRGINIA

[________________________________],
Plaintiff(s),

vs. Civil Action No.: [________________________________]

[________________________________],
Defendant(s).

Presiding Judge: [________________________________]
Division (if applicable): [________________________________]

PART II — IDENTIFICATION OF DOCUMENT(S) SERVED

Title(s) of Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if necessary)

Total Pages Served (including all exhibits and attachments): [____]

Date of Service: [__/__/____]

PART III — PARTIES AND COUNSEL SERVED

Party/Counsel No. 1:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], WV [________]
Email Address: [________________________________]
Fax Number: [________________________________]
WV Bar ID No. (if attorney): [________________________________]
WV E-Filing System Participant: ☐ Yes ☐ No
Written Consent to Email/Electronic Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 2:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], WV [________]
Email Address: [________________________________]
Fax Number: [________________________________]
WV Bar ID No. (if attorney): [________________________________]
WV E-Filing System Participant: ☐ Yes ☐ No
Written Consent to Email/Electronic Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

Party/Counsel No. 3:

Name: [________________________________]
Law Firm/Organization: [________________________________]
Mailing Address: [________________________________]
City, State, Zip: [________________________________], WV [________]
Email Address: [________________________________]
Fax Number: [________________________________]
WV Bar ID No. (if attorney): [________________________________]
WV E-Filing System Participant: ☐ Yes ☐ No
Written Consent to Email/Electronic Service: ☐ Yes (date: [__/__/____]) ☐ No
Representing: ☐ Plaintiff ☐ Defendant ☐ Third-Party Plaintiff ☐ Third-Party Defendant ☐ Other: [____________]
Self-Represented Party: ☐ Yes ☐ No

(Attach additional sheets for additional parties)

PART IV — METHOD OF SERVICE

Select all methods used. Note which method applies to which party if different methods were used.

A. E-Filing and E-Service via West Virginia E-Filing System (Trial Court Rule 10.02)

☐ Electronic Service via WV E-Filing and Service System

The document(s) was electronically filed and served through the West Virginia e-filing and service system. Under Trial Court Rule 10.02, service is deemed complete upon selection of participants to be served and completed submission of the electronic filing. The associated filing receipt lists the participants selected and provides proof of date, time, and method of service.

Date of Electronic Filing: [__/__/____]
Time of Submission: [____] ☐ a.m. ☐ p.m.
WV E-Filing Transaction/Filing Receipt Number: [________________________________]

Participants selected and served via e-filing system:
Name: [________________________________] Email: [________________________________]
Name: [________________________________] Email: [________________________________]

Non-participants who required alternative service (see Sections B-F below and Trial Court Rule 10.04):
Name: [________________________________] Alternative Method: [________________________________]
Name: [________________________________] Alternative Method: [________________________________]

Per Trial Court Rule 10.04: If any required recipient is NOT a participant in the e-filing system, the document must be served by traditional means (Rule 5) or via the U.S. Mail feature of the e-filing system. A certificate of service evidencing non-electronic service must be filed in the e-filing system.

B. Service by United States Mail (W. Va. R. Civ. P. 5(b)(2))

☐ First-Class U.S. Mail — Postage Prepaid

I placed the document(s) in sealed, properly addressed envelopes with first-class postage fully prepaid and deposited them in the United States mail.

IMPORTANT — MAIL SERVICE EXTENSION: Pursuant to W. Va. R. Civ. P. 6(e), when service is made by mail, three (3) additional days are added to any response or action period that begins upon service of this document.

Date of Mailing: [__/__/____]
Post Office/Mailing Location: [________________________________], West Virginia
City and State: [________________________________]

☐ U.S. Mail Feature of E-Filing System
Service was made using the U.S. Mail feature built into the WV e-filing system for non-participants.
System-Generated Mailing Confirmation: [________________________________]

☐ Certified Mail — Return Receipt Requested
Certified Mail Article Number(s): [________________________________]
Return Receipt Received: ☐ Yes Date: [__/__/____] ☐ No/Pending

Parties/counsel served by mail:
Name: [________________________________] Address: [________________________________]
Name: [________________________________] Address: [________________________________]

C. Personal/Hand Delivery (W. Va. R. Civ. P. 5(b)(1))

☐ Personal Delivery — Directly to Attorney or Party

A copy was personally delivered.

Delivered to: [________________________________]
Capacity: ☐ Attorney of Record ☐ Party ☐ Authorized Agent
Address of Delivery: [________________________________]
Date of Delivery: [__/__/____]
Time of Delivery: [____] ☐ a.m. ☐ p.m.
Delivered by: [________________________________]

☐ Left at Attorney's Office — Clerk or Person in Charge

Name of Person with Whom Left: [________________________________]
Title/Capacity: [________________________________]
Office Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Left at Dwelling/Usual Place of Abode

The office was closed; left at dwelling with person of suitable age and discretion.

Name of Person with Whom Left: [________________________________]
Address: [________________________________]
Date and Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

D. Electronic Mail or Other Electronic Means (Written Consent Required)

☐ Service by Electronic Mail (Email) or Other Electronic Means

Written consent was obtained from the attorney or party to be served.

Written consent obtained from: [________________________________]
Date Consent Obtained: [__/__/____]
Email or Electronic Address Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
No failed/undeliverable notification received: ☐ Confirmed

E. Commercial Overnight Delivery

☐ Service by Commercial Overnight Delivery Service

Carrier Name: [________________________________]
Tracking Number: [________________________________]
Date of Deposit: [__/__/____]
Delivery Address: [________________________________]
Delivery Confirmed: ☐ Yes — Date: [__/__/____] ☐ Pending

F. Facsimile (If Authorized)

☐ Service by Facsimile

Fax service was made with consent of the party to be served or as otherwise authorized.

Consent obtained from: [________________________________]
Fax Number Used: [________________________________]
Date and Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Number of Pages (including cover page): [____]
Fax Transmission Confirmed: ☐ Yes ☐ No

PART V — NON-PARTICIPANT CERTIFICATE OF SERVICE (Trial Court Rule 10.04)

(Complete this section if any party is NOT a participant in the WV e-filing system and was served by an alternative method. This certificate must be filed in the e-filing system.)

I certify that the following party/counsel required to receive service is NOT a participant in the West Virginia e-filing and service system, and was served by the following alternative method(s) as required by West Virginia Trial Court Rule 10.04:

Non-Participant Name: [________________________________]
Address: [________________________________]
Method of Alternative Service: [________________________________]
Date of Alternative Service: [__/__/____]

I am filing this certificate in the WV e-filing system as required by Trial Court Rule 10.04 to evidence non-electronic service on the above non-participant.

PART VI — SELF-REPRESENTED PARTY SERVICE

(Complete if any party is self-represented/pro se)

☐ One or more parties in this action are self-represented (pro se).

Self-Represented Party Name: [________________________________]
Address on File with Court: [________________________________]
WV E-Filing System Participant: ☐ Yes ☐ No
Written Consent to Electronic Service: ☐ Yes (date: [__/__/____]) ☐ No

Method of service on self-represented party:
☐ WV e-filing system (confirmed participant)
☐ U.S. Mail — Address: [________________________________]
☐ U.S. Mail feature of e-filing system
☐ Personal delivery
☐ Email/electronic (written consent on file)

If the self-represented party is not a participant in the e-filing system and has not consented to electronic service, they must be served by traditional means (mail, personal delivery) and a non-participant certificate (Part V above) must be filed in the e-filing system.

PART VII — CERTIFICATE OF SERVICE WITH FILING (W. Va. R. Civ. P. 5(d))

I, [________________________________], certify:

1. I am ☐ an attorney admitted to practice in West Virginia (Bar ID No.: [________________]) ☐ a self-represented party ☐ other: [____________] in the above-captioned action.

2. On [__/__/____], I served or caused to be served a true and correct copy of the document(s) identified in Part II upon all parties and/or counsel identified in Part III, by the method(s) specified in Part IV.

3. This certificate of service is filed together with the above-referenced document(s) as required by W. Va. R. Civ. P. 5(d) (service and filing required within a reasonable time of service).

4. If any party required to receive service was not a participant in the e-filing system, a non-participant certificate has been filed as required by Trial Court Rule 10.04.

I declare under penalty of perjury under the laws of the State of West Virginia that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], West Virginia.

Signature: [________________________________]

Printed Name: [________________________________]

WV State Bar ID No. (if applicable): [________________________________]

Law Firm/Organization: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________], WV [________]

Phone: [________________________________]

Email: [________________________________]

PART VIII — PROOF OF MAIL SERVICE

(Complete if a separate formal mail service declaration is needed)

I, [________________________________], declare:

1. I am a resident of or employed in [________________________________] County, West Virginia.

2. I am over 18 years of age and am not a party to the above-captioned action.

3. My address is: [________________________________], [________________________________], WV [________].

4. On [__/__/____], I served the following documents:
   [________________________________]
   [________________________________]

5. I served said documents by placing a true copy in a sealed envelope with postage fully prepaid, addressed to:
   Name: [________________________________]
   Address: [________________________________]

6. I deposited said envelope in the United States mail at [________________________________], West Virginia.

7. Mail Extension Notice: Pursuant to W. Va. R. Civ. P. 6(e), three (3) additional days are added to any response period that begins to run from service of these documents by mail.

I declare under penalty of perjury under the laws of the State of West Virginia that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], West Virginia.

Signature: [________________________________]

Printed Name: [________________________________]

PART IX — WEST VIRGINIA SERVICE SUMMARY TABLE

2025 Revised Rules: The West Virginia Rules of Civil Procedure were substantially revised effective January 1, 2025. These new rules govern all civil actions in West Virginia trial courts of record. Always verify you are referencing the current (2025) version.

WV E-Filing System: courtswv.gov

• Service through the e-filing system is complete only upon selection of participants AND completed submission.
• The filing receipt lists participants and provides proof of date, time, and method of service.
• Non-participants must be served by alternative means; a non-participant certificate must be filed.
• Retain all e-filing receipts and transaction records as proof of service.

Redaction/Confidentiality: Comply with West Virginia Trial Court Rule 10 regarding confidentiality and redaction of protected information in filed documents.

SOURCES AND REFERENCES

• West Virginia Rules of Civil Procedure (Final, 2025): WV Courts RCP PDF
• West Virginia Rules of Civil Procedure (Content Page): WV Judiciary
• WV Trial Court Rules: WV Judiciary
• Former WV Rules of Civil Procedure (for reference): WV Courts Former Rules PDF