West Virginia legislation · 2025 Regular Session
West Virginia HB2816: Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances
Status: Passed one chamber, March 31, 2025
The purpose of this bill is to clarify that secondary sources are not the law and public policy of West Virginia in certain instances; and permitting the use of certified questions on issues of first impression in certain circumstances.
What the bill says
To amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §2-1-3, relating to reliance on secondary sources in developing state common law. ARTICLE 1. COMMON LAW. §2-1-3. Secondary sources not controlling. A provision in a legal treatise or secondary source that assumes the perspective of a common law court does not constitute the law or public policy of this state, and shall not be relied upon by a court in a civil action as an authoritative secondary source in developing civil case law or common law of this state if the provision endorses the creation o.
From the engrossed text, March 26, 2025:
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §2-1-3, relating to reliance on secondary sources in developing state common law. ARTICLE 1. COMMON LAW. §2-1-3. Secondary sources not controlling. A provision in a legal treatise or secondary source that assumes the perspective of a common law court does not constitute the law or public policy of this state, and shall not be relied upon by a court in a civil action as an authoritative secondary source in developing civil case law or common law of this state if the provision endorses the creation or expansion of a cause of action, theory of liability, legal doctrine, right, or remedy not expressly recognized under the law of this state at the time the legal action was brought.
Sponsors
- Funkhouser, Joe (R, 098) · primary sponsor
- Ridenour, Bill (R, 100)