W. Va. Code » §59-2-8. Costs on final judgment; judgment for, or discontinuance as to, some of defendants.
West Virginia Code

W. Va. Code § 59-2-8 (2026)

Costs on final judgment; judgment for, or discontinuance as to, some of defendants

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. COSTS GENERALLY.

§59-2-8. Costs on final judgment; judgment for, or discontinuance as to, some of defendants.

Except where it is otherwise provided, the party for whom final judgment is given in any action, or in a motion for judgment for money, whether he be plaintiff or defendant, shall recover his costs against the opposite party; and when the action is against two or more, and there is judgment for or discontinuance as to some but not all of the defendants, those for whom there is judgment, or as to whom there is such discontinuance, shall recover their costs.

Notes of Decisions
Cited in 8 cases, 1984–2020 · leading case: Carper v. Watson, 697 S.E.2d 86 (W. Va. 2010).
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Carper v. Watson, 697 S.E.2d 86 (W. Va. 2010). · cites it 4× “This Court has previously explained that neither Rule 54(d) nor W. Va.Code § 59-2-8, defines what are costs, but in this regard we are aided by W.”
Pauley v. Gilbert, 522 S.E.2d 208 (W. Va. 1999). · cites it 4× “The statutory provision authorizing a prevailing party to recover his/ her litigation expenses, W. Va.Code § 59-2-8 (1923) (Repl.Vol.1997), states that “[e]xeept where it is otherwise provided, the party for whom final judgment is given in any action, or in a motion for'…”
Geary Land Co. v. Conley, 338 S.E.2d 410 (W. Va. 1985). · cites it 2× “shall recover his costs against the opposite party_” Rule 54(d) of the West Virginia Rules of Civil Procedure provides, as relevant here, that: “Except when express provision therefor is made either in a statute of this State or in these rules, costs shall be allowed as of…”
Jones v. Jones, 345 S.E.2d 313 (W. Va. 1986). “” See also West Virginia Code §§ 59-2-8, -13, and -15 (1966). Accordingly, the assessment of fees by the divorce commissioner prior to final judgment in the instant proceeding was improper, and we remand this issue for hearing and disposition consistent with the foregoing…”
Chaves v. Blue Ridge Acres, Inc., 324 S.E.2d 361 (W. Va. 1984). “The advisory jury *221 found that the appellee had a duty to provide reasonable snow removal services as a part of its contractual commitment to maintain the roads within the subdivision.”
Trumka v. Ashworth, 395 S.E.2d 563 (W. Va. 1990). “West Virginia Code § 59-2-8 provides that costs on final judgment shall be awarded to the prevailing party.”
McKenzie v. Sevier, 854 S.E.2d 236 (W. Va. 2020). · cites it 3× “The Seviers contend that they were the prevailing party at trial, and so are entitled to recover their costs under West Virginia Code § 59-2-8 and Rule 54(d) of the West Virginia Rules of Civil Procedure.”
West Liberty Univ. Bd. of Governors v. Stewart Lane, No. 16-0942, 2018 WL 300564 (W. Va. Jan. 5, 2018). · cites it 2× “See W.Va. Code §§ 59-2-8, -14, and -15. On the record presented, we cannot see where the plaintiff plainly identified for the circuit court the specific rule upon which he made his renewed motion.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.