(1) A government agency shall be allowed sixty days to serve an answer to a complaint or petition for which a summons has been issued and served upon a government agency;
(2) Judgment by default may not be entered against a government agency in an action as defined in section two of this article unless the court, after a hearing on a motion for default judgment, finds that the government agency clearly intends to fail to appear, plead or otherwise defend in the action; and
(3) No government agency may be ordered to pay punitive damages in any action.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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