HB 5006
Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that secondary legal sources, such as legal treatises and textbooks, do not represent the law or public policy of West Virginia. It establishes that these sources are only persuasive authority when they might affect existing legal rights or remedies. Furthermore, the bill allows circuit courts to seek a ruling from the Supreme Court of Appeals on legal issues that are new to the state’s legal system.
Key provisions
- Secondary sources (legal treatises, scholarly publications, etc.) are not considered law.
- These sources are only persuasive authority regarding legal rights and remedies.
- Circuit courts can certify legal questions of first impression to the Supreme Court of Appeals.
- The certification process applies to issues concerning the creation, elimination, expansion, or restriction of legal rights.
Who is affected
- West Virginia Courts
- Attorneys
- Legal Scholars
- Litigants
Notable changes
- Establishes a clear distinction between secondary sources and West Virginia law.
- Provides a mechanism for courts to address novel legal issues.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Linville
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