H. B. 2338
(By Delegates Prezioso, Gallagher, Staton,
Douglas, Jenkins, Leach and Mezzatesta)
[Passed March 11, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact section nine, article eight, chapter
fifty-six of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to dismissal of cases
for failure to prosecute.
Be it enacted by the Legislature of West Virginia:
That section nine, article eight, 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 8. ABATEMENT, REVIVAL, DISCONTINUANCE, REINSTATEMENT OF
§56-8-9. Discontinuance for failure to prosecute or pay court
Any court in which is pending any case wherein for more than
one year there has been no order or proceeding but to continue
it, or wherein the plaintiff is delinquent in the payment of accrued court costs, may, in its discretion, order such case to
be struck from its docket; and it shall thereby be discontinued.
A court making such order may direct it to be published in such
newspaper as it may name.