Legal Question in Civil Litigation in West Virginia

Re: Notice of intent to dismiss(WV Rule of Civil Procedure 41 (b)

You have not provided enough information with which to assess your situation. Rule 41(b) sets forth the procedure for two types of dismissals: (1) INVOLUNTARY dismissals by motion of the defendant where the plaintiff has failed to prosecute or comply with the rules of the court; and (2)what is commonly known as the "one year rule" allows a court to dismiss a case where there has been no action for a period of one year or the plaintiff has not paid court costs as ordered.

A plaintiff may move the court, within three terms of court, (a court has three terms each year) to reinstate an action dismissed under Rule 41(b).

In general terms, your motion to reinstate would need to show the court that either its reason for dismissal is mistaken or that you have a good excuse for failing to prosecute and/or comply with the rules and that the interests of justice weigh in favor of allowing your case to be decided on the merits. I cannot answer more specifically because of the lack of information provided.