SENATE CONCURRENT RESOLUTION NO. 100

(By Senators Walters, Barnes, Blair, Boley, Carmichael, Chafin, Cole, Cookman, Fitzsimmons, M. Hall, Nohe, Sypolt and Tucker)

Requesting the Joint Standing Committee on the Judiciary study the costs and benefits of summary jury trials.

    Whereas, The costs of small-claims litigation is an increasingly large burden upon small businesses operating within the State of West Virginia; and

    Whereas, Methods of alternative dispute resolution have helped in reducing the burden of litigation on both plaintiffs and defendants in civil matters, and have further unburdened the state’s trial and appellate courts from some matters which would otherwise place increased demands upon the civil justice system; and

    Whereas, Summary jury trials are increasingly used as a method of alternative dispute resolution in jurisdictions around the country; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on the Judiciary is hereby requested to study the costs and benefits of summary jury trials; and, be it

    Further Resolved, That the Joint Standing Committee on the Judiciary study the history, practice, costs and benefits of summary jury trials, whether they may serve as a means of alleviating some of the burdens placed on West Virginia’s civil justice system, which types of cases should be referred to or excluded from the practice of summary jury trials, whether the decision of a summary jury trial should be binding upon the parties thereto and under what circumstances summary jury trials should be binding on the parties thereto; and, be it

    Further Resolved, That the Joint Standing Committee on the Judiciary report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.