West Virginia § 56-4-30 - 56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.
Full text of West Virginia West Virginia Code § 56-4-30 — 56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process., with citation guidance and answers to common questions.
§ 56-4-30. 56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.
In other cases, a defendant on whom process summoning him to answer in any suit or action appears to have been served shall not take advantage of any defect in the writ or return, or any variance in the writ from the declaration, unless such defect or such variance be pleaded in abatement. And in the case of every such defect or such variance, whether the same shall be pleaded in abatement or not, the court may at any time permit the plaintiff to amend the writ or the declaration so as to perfect the writ or correct the variance, and may permit the return to be amended, upon such terms as to it shall seem just. But nothing herein shall deprive a defendant of any right which he has by the common law to make a motion to quash process which is void; and if the process be a void process, the suit or action shall be dismissed upon motion of the defendant.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 56-4-30
What does West Virginia Code § 56-4-30 cover?
Section 56-4-30 ("56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 56-4-30?
A common citation format is "West Virginia Code § 56-4-30" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 56-4-30 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.