SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version Senate Bill 43 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 43

(By Senators Bailey, McKenzie and Helmick)

____________

[Introduced January 9, 2002; referred to the Committee

on the Judiciary.]

____________




A BILL to amend and reenact section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to limiting state court venue for certain nonresident plaintiffs.

Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. VENUE.

§56-1-1. Venue generally.

(a) Any civil action or other proceeding, except where it is otherwise specially provided, may hereafter be brought in the circuit court of any county:
(1) Wherein In which any of the defendants may reside or the cause of action arose, except that an action of ejectment or unlawful detainer must shall be brought in the county wherein in which the land sought to be recovered or some part thereof, of the land is; or
(2) If a corporation be is a defendant, wherein in which its principal office is, or wherein in which its mayor, president or other chief officer resides; or if its principal office be is not in this state, and its mayor, president or other chief officer do not reside therein, wherein in that county in which it does business; or if it be a corporation organized under the laws of this state, which has its principal office located outside of this state, and which has no office or place of business within the state, the circuit court of the county in which the plaintiff resides or the circuit court of the county in which the seat of state government is located shall have has jurisdiction of all actions at law or suits in equity against such the corporation, where the cause of action arose in this state or grew out of the rights of stockholders with respect to corporate management; or
(3) If it be is to recover land or subject it to a debt, wherein such in which the land or any part thereof of the land may be; or
(4) If it be is against one or more nonresidents of the state, wherein in which any one of them may be found and served with process, or may have estate or debts due him or one or more of them; or
(5) If it be is to recover a loss under any policy of insurance, upon either property, life or health, or against injury to a person, wherein in which the property insured was situated either at the date of the policy or at the time when the right of action accrued; or the person insured had a legal residence at the date of his or her death or at the time when the right of action accrued; or
(6) If it be is on behalf of the state in the name of the attorney general or otherwise, wherein in which the seat of government is; or
(7) If a judge of a circuit be is interested in a case which, but for such that interest, would be proper for the jurisdiction of his or her court, the action or suit may be brought in any county in an adjoining circuit.
(b) Whenever a civil action or proceeding is brought in the county wherein in which the cause of action arose, under the provisions of subsection (a) of this section, if no defendant resides in such the county, a defendant to the action or proceeding may move the court before which the action is pending for a change of venue to a county wherein in which one or more of the defendants resides, and upon a showing by the moving defendant that the county to which the proposed change of venue would be made would better afford convenience to the parties litigant and the witnesses likely to be called, and if the ends of justice would be better served by such a change of venue, the court may grant such the motion.
(c) Notwithstanding any other provision of this section, if a defendant is a company involved in the transportation of goods or persons by rail, the action shall be tried, at the option of the plaintiff: (i) In either the county where the cause of action arose, the county where the plaintiff resided when the cause of action arose, or the county where the defendant has its principal place of business; or (ii) if jurisdiction over the defendant company can only be obtained in this state and not in any other state or jurisdiction, in any county in which the defendant company does business in this state.
(d)
Any civil action against the state described in section two, article two, chapter fourteen of this code is excepted from the provisions of this section.



NOTE: The purpose of this bill is to reference the venue provisions relating to actions against the state, and to restrict access to state courts for certain nonresident plaintiffs.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print