COMMITTEE SUBSTITUTE
FOR
H. B. 4352
(By Delegates Miley, Fleischauer, Brown,
Frazier, Hunt, Manchin, Michael, Moore,
Wooton, Hamilton and Ellem)
(Originating in the Committee on the Judiciary.)
[February 19, 2010]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-2-15, relating to
the establishment of a Business Court Division within West
Virginia's circuit court districts by the West Virginia
Supreme Court of Appeals; legislative findings; authorizing
the designation of Business Court Divisions within certain
circuit court districts; providing for the promulgation of
appropriate rules of the Court.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-2-15, to read as
follows:
ARTICLE 10. FILLING VACANCIES.
§51-2-15. Business Court Division.
(a) The West Virginia Legislature finds that, due to the
complex nature of litigation involving highly technical commercial
issues, there is a need for a separate and specialized court docket to be maintained in West Virginia's most populated circuit court
districts with specific jurisdiction over actions involving such
commercial issues and disputes between businesses.
(b) The West Virginia Supreme Court of Appeals is authorized
to designate a business court division within the circuit court of
any judicial district with a population in excess of sixty thousand
according to the 2000 Federal Decennial Census.
(c) The West Virginia Supreme Court of Appeals shall
promulgate rules for the establishment and jurisdiction of the
business court divisions within its circuit court system.
NOTE: The purpose of this bill is to authorize the West
Virginia Supreme Court of Appeals to designate a Business Court
Division within certain circuit court districts.
This section is new; therefore, it has been completely
underscored.
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