§56-3-11. Execution and validity of service generally; execution
when sheriff is disqualified; service when original
is returned not executed.
Any process or notice may be executed on or before the return
day thereof. If it appear to be duly served and good in other
respects, it shall be deemed valid, although not directed to any
officer, or although directed to an officer who is not qualified to
execute it, provided it be executed by any other to whom it might
lawfully have been directed. In any case in which it would be
improper for the sheriff to execute any process, notice, writ or
order, or summon a jury, because of interest or other disability,
it shall be lawful for any deputy sheriff of such county not
similarly disqualified to execute such process, notice, writ or
order, or summon such jury, and make return thereof in his own name
as deputy sheriff, and the execution and return thereof, if in
other respects duly made, shall be valid, though it be directed to
the sheriff. Process or notice to commence actions or suits,
including writs of scire facias, mandamus, quo warranto,
certiorari, prohibition, and alias or other process where the
original is returned not executed, may also be served by any
credible person; and the return of such person, verified by his
affidavit, shall be evidence of the manner and time of service.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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