§55-3-3. Return day and service of summons; plea; issue and trial.
The summons may be returnable to, and the case heard and
determined at, any term of such court. Such summons shall be made
returnable not more than ninety days after its date and shall be
served at least ten days before the return day thereof. If the
defendant appear, he shall plead to the summons, and his plea shall
be "not guilty." Upon this issue, or upon the return of the first
or any subsequent summons "executed," if the defendant fail to
plead, a jury shall be impaneled to try whether he unlawfully
withholds the premises in controversy and to assess the damages, if
any, which the plaintiff is entitled to recover for the detention
thereof. Such cause shall have precedence for trial over all other
civil causes on the docket.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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