H. B. 4639
(By Delegate Staton)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article ten, chapter
fifty-six of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; relating to compromise of
actions and suits in behalf of infants and insane person; and
making certain clarifying changes.
Be it enacted by the Legislature of West Virginia:
That section four, article ten, 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 4. MISCELLANEOUS PROVISIONS RELATING TO PROCEDURE.
§56-10-4. Compromise of actions and suits in behalf of infants and
insane persons and disbursement of funds arising
therefrom.
In any action or suit wherein an infant or insane person is a
party, the court in which the same is pending, or the judge thereof in vacation, shall have the power to approve and confirm a
compromise of the matters in controversy on behalf of such infant
or insane person, if such compromise shall be deemed to be to in
the best interest of the infant or insane person. Such approval or
confirmation shall never be granted except upon written application
therefor by the guardian, committee, curator or next friend of the
infant or insane person, setting forth under oath all the facts of
the case and the reasons why such compromise is deemed to be for in
the best interest of the infant or insane person. And the court
or judge, before approving such compromise, shall, in order to
determine whether to approve or disapprove the compromise, hear the
testimony of witnesses relating to the subject matter of the
compromise and cause said testimony to be reduced to writing and
filed with the papers in the case. The court or judge, upon
approving and confirming such compromise, shall enter judgment or
decree accordingly. Such judgment or decree shall bind the
respective parties thereto, including such infant or insane person,
with like force and effect, and shall be subject to review,
modification or reversal to the same extent only, as if it were a
consent judgment or decree, entered under similar circumstances, in
a case in which all the parties were adults and sane. In any such
compromise wherein the amount paid to the guardian or committee
does not exceed the sum of ten thousand dollars, the court or judge
approving and confirming the compromise and entering judgment or decree thereon may, in its or his discretion, dispense with or
withdraw a reference to a fiduciary commissioner as to said
compromise, authorize the disbursement of the fund so created by
the compromise and may discharge the guardian or committee and the
surety on his bond as to the proceeding then pending in the circuit
court, and in all such cases a certified copy of the order of the
court or judge, as the case may be, shall be recorded in the office
of the clerk of the county commission wherein the guardian or
committee was appointed.
NOTE: The purpose of this bill is to make certain clarifying
changes in the section relating to court approval of the compromise
of actions involving infants and insane persons.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.