{"data":{"id":"us-wv/w.-va.-code-55-2-18","jurisdiction":"us-wv","citation":"W. Va. Code § 55-2-18","heading":"Extension of period for new action after dismissal or reversal where the action is timely filed.","body":"(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (ii) the judgment was reversed on a ground which does not preclude a filing of new action for the same cause.\n(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:\n(1) A dismissal for failure to post an appropriate bond;\n(2) A dismissal for loss or destruction of records in a former action; or\n(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.","path":["CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.","ARTICLE 2. LIMITATION OF ACTIONS AND SUITS."],"source_url":"https://code.wvlegislature.gov/55-2-18/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:30:54Z","sha256":"c37a65eb08eaaf455a9b31ecb4c8cd21453b84d52dc1c965f5ae512ee14a92c1","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-55-2-17","next":"us-wv/w.-va.-code-55-2-19"},"notice":"GroundRules: Original legal text. Not legal advice."}