West Virginia Code § 56-4-34

Misjoinder and nonjoinder of parties
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No action or suit shall abate or be defeated by the misjoinder or nonjoinder of parties,
plaintiff or defendant. Whenever such misjoinder shall be made to appear by affidavit or
otherwise, the parties misjoined shall be dropped by order of the court, entered of its own
accord or upon motion, at any stage of the cause. Whenever in any case full justice cannot be
done and a complete and final determination of the controversy cannot be head without the
presence of other parties, and such nonjoinder shall be made to appear by affidavit or
otherwise at any time before final judgment or decree, the court of its orwn accord, or upon
motion, may cause such omitted persons to be made parties to the action or suit, as plaintiffs
or defendants, by proper amendment and process, at any stage of the cause, as the ends of
justice may require, and upon such terms as may appear to the court to be just; but no new
party shall be added upon motion unless the place of his restidence, if known, be stated with
convenient certainty in the affidavit of the party questioning his nonjoinder, and, if his place
of residence be not known, unless such fact be stated.

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