West Virginia Code § 56-4-11

Transfer of cases from law to equity and vice versa
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No case shall be dismissed simply because it was brought on the wrong side of the court, but
whenever it shall appear that a plaintiff has proceeded at law when he should have
proceeded in equity, or in equity when he should have proceeded at law, the court shall
direct a transfer to the proper forum, and shall order such change in, or amendment of, the
pleadings as may be necessary to conform them to the proper practice; and,e without such
direction, any party to the suit shall have the right, at any stage of the cause, to amend his
pleadings so as to obviate the objection that his suit or action was not brrought on the right
side of the court. After such amendment has been made, the case shall be placed by the
clerk on the proper docket of the court and proceed and be determined upon such amended
pleadings. The defendant shall be allowed a reasonable time after such transfer in which to
prepare the case for trial. t

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