West Virginia Code § 55-17-4

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Notwithstanding any other provisions of law to the contrary:
(1) A government agency shall be allowed sixty days to serve an answer to a complaint or
petition for which a summons has been issued and served upon a government agency;
(2) Judgment by default may not be entered against a government agency in an action as
defined in section two of this article unless the court, after a hearing on a motion for default
judgment, finds that the government agency clearly intends to fail to appear, plead or
otherwise defend in the action; and u
(3) No government agency may be ordered to pay punitive damages in any action.

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