H. B. 2181
(By Delegate Staton)
[Introduced January 13, 1999; 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 persons;
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.