Senate Bill No. 75
(By Senators Bailey, McKenzie and Helmick)
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[Introduced February 14, 2001; referred to the
Committee on the Judiciary.]
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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 limiting state
court venue for certain nonresident plaintiffs.
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) Any civil action or other proceeding, except where it is
otherwise specially provided, may hereafter be brought in the circuit court of any county:
(1) Wherein In which any of the defendants may reside or the
cause of action arose, except that an action of ejectment or
unlawful detainer must shall be brought in the county wherein in
which the land sought to be recovered or some part thereof, of
the land is; or
(2) If a corporation be is a defendant, wherein in which its
principal office is, or wherein in which its mayor, president or
other chief officer resides; or if its principal office be is not
in this state, and its mayor, president or other chief officer do
not reside therein, wherein in that county in which it does
business; or if it be a corporation organized under the laws of
this state, which has its principal office located outside of
this state, and which has no office or place of business within
the state, the circuit court of the county in which the plaintiff
resides or the circuit court of the county in which the seat of
state government is located shall have has jurisdiction of all
actions at law or suits in equity against such the corporation,
where the cause of action arose in this state or grew out of the
rights of stockholders with respect to corporate management; or
(3) If it be is to recover land or subject it to a debt, wherein such in which the land or any part thereof of the land
may be; or
(4) If it be is against one or more nonresidents of the
state, wherein in which any one of them may be found and served
with process, or may have estate or debts due him or one or more
of them; or
(5) If it be is to recover a loss under any policy of
insurance, upon either property, life or health or against injury
to a person, wherein in which the property insured was situated
either at the date of the policy or at the time when the right of
action accrued; or the person insured had a legal residence at
the date of his or her death or at the time when the right of
action accrued; or
(6) If it be is on behalf of the state in the name of the
attorney general or otherwise, wherein in which the seat of
government is; or
(7) If a judge of a circuit be is interested in a case
which, but for such that interest, would be proper for the
jurisdiction of his or her court, the action or suit may be
brought in any county in an adjoining circuit.
(b) Whenever a civil action or proceeding is brought in the county wherein in which the cause of action arose, under the
provisions of subsection (a) of this section, if no defendant
resides in such the county, a defendant to the action or
proceeding may move the court before which the action is pending
for a change of venue to a county wherein in which one or more of
the defendants resides, and upon a showing by the moving
defendant that the county to which the proposed change of venue
would be made would better afford convenience to the parties
litigant and the witnesses likely to be called, and if the ends
of justice would be better served by such a change of venue, the
court may grant such the motion.
(c) Notwithstanding any other provision of this section, if
a defendant is a company involved in the transportation of goods
or persons by rail, the action shall be tried, at the option of
the plaintiff: (i) In either the county where the cause of
action arose, the county where the plaintiff resided when the
cause of action arose, or the county where the defendant has its
principal place of business; or (ii) if jurisdiction over the
defendant company can only be obtained in this state and not in
any other state or jurisdiction, in any county in which the
defendant company does business in this state.
(d)
Any civil action against the state described in section
two, article two, chapter fourteen of this code is excepted from
the provisions of this section.
NOTE: The purpose of this bill is to reference the venue
provisions relating to actions against the state, and to restrict
access to state courts for certain nonresident plaintiffs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.