H. B. 4049
(By Mr. Speaker, Mr. Kiss, (By Request))
[Introduced January 21, 1998; 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 venue of civil
actions.
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) Except where it is otherwise specially provided, a civil
action or other proceeding shall be brought in the circuit court
of the county:
(1) In which all or a substantial part of the acts or
omissions giving rise to the claim occurred;
(2) Of the defendant's residence at the time the cause of
action accrued if the defendant is a natural person;
(3) Of the defendant's principal office, if any, in this
state, if the defendant is not a natural person; or
(4) In which the plaintiff resided at the time of the
accrual of the cause of action if subdivision (1), (2) or (3) of
this subsection (a) do not apply.
For the purposes of this subsection (a), "principal office"
means a principal office of the corporation, unincorporated
association, partnership, or other legal entity in this state in
which the decision makers for the corporation, association,
partnership or other legal entity in this state conduct its daily
affairs. The mere presence of an agency
or representative does
not establish a principal office.
(b) For the convenience of the parties and witnesses and in
the interest of justice, a circuit court may transfer a civil
action from a county of proper venue under subdivision (1), (2),
(3) or (4) of subsection (a) of this section to any other county
of proper venue under any of such subdivisions on motion of a
defendant filed and served concurrently with or before the filing
of the answer, where the court finds that:
(1) Maintenance of the action in the county of suit would
work an injustice to the movant considering the movant's economic
and personal hardship;
(2) The balance of interests of all the parties predominates
in favor of the action being transferred to the other county; and
(3) The transfer of the action would not work an injustice
to any other party.
(c) In a civil action where more than one plaintiff is
joined, each plaintiff must, independently of any other
plaintiff, establish proper venue. Any party who is unable to
establish proper venue may not join or maintain venue for the
civil action as a plaintiff unless the party, independently of
any other plaintiff, establishes that:
(1) Joinder or intervention in the suit is proper under the
West Virginia rules of civil procedure;
(2) Maintaining venue in the county of suit does not
unfairly prejudice another party to the civil action;
(3) There is an essential need to have the party's claim
tried in the county in which the civil action is pending; and
(4) The county in which the civil action is pending is a
fair and convenient venue for the party seeking to join in or
maintain venue for the civil action and the parties against whom
the civil action is brought.
(d) A person may not intervene or join in a pending civil
action as a plaintiff unless the person, independently of any
other plaintiff:
(1) Establishes proper venue for the county in which the civil action is pending; or
(2) Satisfies the requirements of subdivisions (1) through
(4) of subsection (c) of this section.
(e) In a civil action in which the plaintiff has established
proper venue against any defendant, the circuit court also has
venue as to the other defendants in all claims or actions arising
out of the same transaction, occurrence, or series of
transactions or occurrences.
(f) In a civil action in which two or more defendants are
joined, any action or omission by one defendant in relation to
venue, including a waiver of venue by one defendant, does not
operate to impair or diminish the right of any other defendant to
challenge venue.
(g) An action of ejectment or unlawful detainer shall be
brought in the circuit court of the county wherein the land
sought to be recovered or some part thereof is located.
(h) An action to recover land or subject it to debt shall be
brought in the circuit court of the county wherein the land or
some part thereof is located.
(i) An action against one or more natural persons who are
nonresidents of the state may be brought in the circuit court of
the county wherein any one of them is found and served with
process, or has estate or debts due him or them.
(j) An action to recover a loss under any policy of insurance, upon either property, life, or health, or against
injury to a person, may be brought in the circuit court of the
county wherein the property insured was situated either at the
effective date of the policy or at the time when the cause of
action accrued, or in the circuit court of the county wherein the
person insured had a legal residence at the date of his or her
death or at the time when the cause of action accrued.
(k) An action on behalf of the state in the name of the
attorney general or otherwise may be brought in the circuit court
of Kanawha County.
(l) If a judge of a circuit be interested in an action
which, but for such interest, would be proper for the
jurisdiction of that court and there is no other available judge
in the circuit, the action may be brought in any county in an
adjoining circuit.
(m) No natural person who is a nonresident of the state may
bring an action in the courts of the state unless all or a
substantial part of the acts or omissions giving rise to the
claim to be asserted occurred in the state, or jurisdiction of
the defendant against whom the claim is to be asserted cannot be
obtained in the state wherein the acts or omissions giving rise
to the claim occurred.
NOTE: This bill completely rewrites the venue statute. It
specifies the circuit courts in which civil actions or other proceedings may be brought; allows civil actions or other
proceedings to be brought in the circuit court of the county:
(1) In which all or a substantial part of the acts or omissions
giving rise to the claim occurred; (2) of the defendant's
residence at the time the cause of action accrued if the
defendant is a natural person; (3) of the defendant's principal
office, if any, in this state, if the defendant is not a natural
person; or (4) in which the plaintiff resided at the time of the
accrual of the cause of action if (1), (2) or (3) do not apply;
it defines "principal office"; authorizes a circuit court in
instances when the convenience of the parties and witnesses and
the interest of justice would be served to transfer a civil
action from a county of proper venue to any other county of
proper venue on motion of a defendant filed and served
concurrently with or before the filing of the answer if the court
makes certain specified findings; provides that each plaintiff in
a civil action where more than one plaintiff is joined must,
independently of any other plaintiff, establish venue; provides
that any party who is unable to establish proper venue may not
join or maintain venue for the civil action as a plaintiff unless
the party, independently of any other plaintiff, establishes
certain specified facts; provides that a person may not intervene
or join in a pending civil action as a plaintiff unless the
person, independently of any other plaintiff establishes a
specified fact and satisfies certain specified requirements;
provides that in a civil action in which the plaintiff has
established proper venue against any defendant, the circuit court
also has venue as to the other defendants in all claims or
actions arising out of the same transactions, occurrences, or
series of transactions or occurrences; provides that in a civil
action in which two or more defendants are joined, any acts or
omissions by one defendant in relation to venue, including a
waiver of venue by one defendant, does not operate to impair or
diminish the right of any other defendant to challenge venue; and
provides that no person who is a nonresident of the state may
bring an action in the courts of the state unless all of a
substantial part of the acts or omissions giving rise to the
claim to be asserted occurred in the state, or jurisdiction of
the defendant against whom the claim is to be asserted cannot be
obtained in the state wherein the acts or omissions giving rise
to the claim occurred.
This section has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.