WVC 59 - 2 - 4
§59-2-4. Costs on motions and interlocutory proceedings.
Upon any motion (other than for a judgment for money), or upon
any interlocutory order or proceeding, the court may give or refuse
costs, at its discretion, unless it be otherwise provided. It may,
when a demurrer is sustained to a plea in abatement, give judgment
for the plaintiff for his full costs to the time of sustaining it;
and when any other part of the proceedings is adjudged
insufficient, it may order all costs occasioned by such
insufficiency to be paid by him who committed the fault.