[// GUIDANCE: This template complies with the West Virginia Rules of Civil Procedure (“W. Va. R. Civ. P.”).
Insert or delete bracketed language as appropriate for your case.
Deadline to file Answer: 20 days after service of the Summons and Complaint. W. Va. R. Civ. P. 12(a)(1).]

TABLE OF CONTENTS

1. Caption & Style of Action
2. Preliminary Statement & General Denial
3. Specific Responses to Numbered Allegations (optional)
4. Affirmative & Other Defenses
5. Counterclaims and/or Cross-Claims (optional)
6. Prayer for Relief
7. Reservation of Additional Defenses
8. Verification (if required)
9. Signature Block
10. Certificate of Service

1. CAPTION & STYLE OF ACTION

[// GUIDANCE: Use the exact caption shown on the Complaint. Change “Circuit” to “Magistrate” if filed there.]

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

[PLAINTIFF NAME], )
)
Plaintiff, )
)
v. ) Civil Action No. [__]
)
[DEFENDANT NAME], )
)
Defendant. )

2. PRELIMINARY STATEMENT & GENERAL DENIAL

1. Pursuant to W. Va. R. Civ. P. 8(b), Defendant [DEFENDANT NAME] (“Defendant”) hereby answers the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) and, except as expressly admitted herein, denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof.

2. The paragraph numbers that follow correspond to the paragraph numbers of the Complaint for ease of reference. Any allegation not specifically admitted is denied.

3. SPECIFIC RESPONSES TO NUMBERED ALLEGATIONS (optional)

[// GUIDANCE: If electing a true “general denial,” delete this section and renumber the remainder. Otherwise, respond paragraph-by-paragraph.]

Paragraph 1: Denied.
Paragraph 2: Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and therefore denies the same.
Paragraph 3: Admitted in part that ________; otherwise denied.
…

4. AFFIRMATIVE & OTHER DEFENSES

[// GUIDANCE: List every potentially applicable defense. Under W. Va. R. Civ. P. 12(b) & 8(c), certain defenses are waived if not pled.]

Defendant asserts the following defenses without assuming the burden of proof on any defense that applicable law places on Plaintiff:

A. Failure to State a Claim
B. Lack of Subject-Matter Jurisdiction
C. Lack of Personal Jurisdiction
D. Insufficiency of Process and/or Service of Process
E. Statute of Limitations / Statute of Repose
F. Comparative and/or Contributory Negligence
G. Assumption of Risk
H. Failure to Mitigate Damages
I. Estoppel, Waiver, and/or Ratification
J. Accord and Satisfaction
K. Res Judicata and/or Collateral Estoppel
L. Setoff and Recoupment
M. Laches and/or Unclean Hands
N. Immunity (governmental, qualified, statutory, or other)
O. Preemption (state or federal)
P. Reservation of the Right to Rely upon Any Additional Defense Discovered During Litigation

5. COUNTERCLAIMS AND/OR CROSS-CLAIMS (optional)

[// GUIDANCE: Compulsory counterclaims must be stated in the Answer. W. Va. R. Civ. P. 13(a). Use separate counts.]

COUNT I – [TITLE OF COUNTERCLAIM]
1. Defendant/Counter-Plaintiff realleges and incorporates the preceding paragraphs.
2. [Factual allegations establishing entitlement to relief.]
3. [Damages or equitable relief sought.]

WHEREFORE, Defendant/Counter-Plaintiff demands judgment against Plaintiff/Counter-Defendant as set forth in the Prayer for Relief below.

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss the Complaint with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award Defendant its costs, expenses, and such other relief as the Court deems just and proper; and
d. Grant the relief requested in any counterclaims asserted herein.

7. RESERVATION OF ADDITIONAL DEFENSES

Defendant expressly reserves the right to assert additional, further, and/or different defenses as may become available or apparent during discovery or further proceedings in this action. See W. Va. R. Civ. P. 15.

8. VERIFICATION (include only if required by specific statute or Court order)

STATE OF WEST VIRGINIA )
) ss:
COUNTY OF [__] )

I, [Name], being first duly sworn, state that I am the [title/role] of Defendant, that I have read the foregoing Answer, and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

_____ Date: ______
[NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: _______

9. SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME]

By Counsel,

[ATTORNEY NAME] (WV Bar No. [_])
[Firm Name]
[Street Address]
[City, State ZIP]
Telephone: () -
Facsimile: () -____
Email: [email address]
Counsel for Defendant

10. CERTIFICATE OF SERVICE

[// GUIDANCE: Required by W. Va. R. Civ. P. 5(d). Adapt delivery method as applicable.]

I hereby certify that on this _ day of _, 20__, I served a true and
correct copy of the foregoing “Answer and General Denial” upon all counsel of record
by [U.S. Mail / hand delivery / electronic filing system] addressed as follows:

[Name & address of Plaintiff’s counsel]

[Attorney Name]