§56-6-4. Direction and trial of issues out of chancery.
Any court, wherein is pending a chancery case in which there
is such a conflict in the evidence as, in the opinion of such
court, to render it proper, may direct an issue thereon to be tried
in such court. And the court shall have the discretion to direct
such an issue to be tried before any proof has been taken by either
the plaintiff or the defendant, if it shall be shown by affidavit
or affidavits, after reasonable notice, that the case will be
rendered doubtful by the conflicting evidence of the respective
parties. Although the verdict on such issue may be set aside,
there shall be no new trial thereof, but the court may proceed to
decree as if no issue had been directed. No issue out of chancery
shall be directed in any other case unless specially authorized by
statute. Nothing in this section shall be construed to conflict
with any of the provisions of chapter forty- one of this code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session