H. B. 2338
(By Delegates Prezioso, Gallagher, Staton,
Douglas, Jenkins, Leach and Mezzatesta)
[Introduced February 2, 1995; referred to the
Committee on the Judiciary.]
A BILL 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
two years 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.
NOTE: The purpose of this bill is to make the statute
consistent with Rule 41(b) of the Rules of Civil Procedure.