COMMITTEE SUBSTITUTE
FOR
H. B. 2782
(By Delegates Staton, Amores, McGraw,
Beane, Wills, Keener and R. Thompson)
(Originating in the Committee on the Judiciary)
[March 30, 2001]
A BILL to amend and reenact section eighteen, article two, chapter
fifty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to actions and suits
at law; and providing that an action dismissed as a result of
process not having been served is not a dismissal on the
merits.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article two, chapter fifty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-18. Extension of period for new action after abatement,
dismissal, etc., of action commenced within due time.
If any action or suit, including an action for wrongful death,
commenced within due time, in the name of or against one or more plaintiffs or defendants, abate as to one of them by the return of
no inhabitant, or by his or her death or marriage, or if, in an
action or suit, including an action for wrongful death, commenced
within due time, judgment or decree (or other and further
proceedings) for the plaintiffs should be arrested or reversed on
a ground which does not preclude a new action or suit for the same
cause, or if there be occasion to bring a new action or suit by
reason of such cause having been dismissed for want of security for
costs, or by reason of any other cause which could not be plead in
bar of an action or suit, including dismissal of a case for failure
to have process timely served, regardless whether the plaintiff was
notified by the court of the pending dismissal, or of the loss or
destruction of any of the papers or records in a former action or
suit which was in due time; in every such case, notwithstanding the
expiration of the time within which a new action or suit must
otherwise have been brought, the same may be brought within one
year after such abatement, dismissal or other cause, or after such
arrest or reversal of judgment or decree, or such loss or
destruction, but not after. A dismissal by reason that process was
not timely served is not a voluntary dismissal nor is it a
determination on the merits. The provisions of this section shall
not apply to actions brought for the death of any person occurring
prior to the first day of July, one thousand nine hundred eighty-two.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
