(a) For a period of one year from the date of an order dismissing an action or reversing a judgment, a party may refile the action if the initial pleading was timely filed and: (i) The action was involuntarily dismissed for any reason not based upon the merits of the action; or (ii) the judgment was reversed on a ground which does not preclude a filing of new action for the same cause.(b) For purposes of subsection (a) of this section, a dismissal not based upon the merits of the action includes, but is not limited to:(1) A dismissal for failure to post an appropriate bond;(2) A dismissal for loss or destruction of records in a former action; or(3) A dismissal for failure to have process timely served, whether or not the party is notified by the court of the pending dismissal.
West Virginia Legal Code