Depositions

   "Fundamental to the jurisprudence of all civilized nations is the idea of notice and an opportunity to be heard for all parties. In the United States, this concept has taken on constitutional dimensions.See footnote 3 ³ In both the federal constitution and the West Virginia Constitution, due process of law has been guaranteed to everyone.See footnote 4 ⁴ “The most basic of the procedural safeguards guaranteed by the due process provisions of our state and federal constitutions are notice and the opportunity to be heard, which are essential to the jurisdiction of the court in any pending proceeding.” State ex rel. United Mine Workers of America, Local Union 1938 v. Waters, 200 W. Va. 289, 297, 489 S.E.2d 266, 274 (1997). See Chesapeake & Ohio Sys. Fed'n v. Hash, 170 W. Va. 294, 299, 294 S.E.2d 96, 101 (1982). Moreover, “the court which undertakes to determine the rights of the parties must have jurisdiction of the proceeding, . . . the parties to the proceeding must have due notice, and . . . they must be afforded a reasonable opportunity to be heard before their rights are adjudicated or determined.” Walter Butler Bldg. Co. v. Soto, 142 W. Va. 616, 636, 97 S.E.2d 275, 287 (1957). See also State ex rel. Peck v. Goshorn, 162 W. Va. 420, 249 S.E.2d 765 (1978); State ex rel. Payne v. Walden, 156 W. Va. 60, 190 S.E.2d 770 (1972); State ex rel. Bowen v. Flowers, 155 W. Va. 389, 184 S.E.2d 611 (1971)."

This case from Justice Davis' dissent in the Joe Bailey v. Norfolk and Western Case.  I couldn't have said it better myself.