§58-5-2. Certification to supreme court of appeals.
Any question of law, including, but not limited to, questions
arising upon the sufficiency of a summons or return of service,
upon a challenge of the sufficiency of a pleading or the venue of
the circuit court, upon the sufficiency of a motion for summary
judgment where such motion is denied, or a motion for judgment on
the pleadings, upon the jurisdiction of the circuit court of a
person or subject matter, or upon failure to join an indispensable
party, may, in the discretion of the circuit court in which it
arises, be certified by it to the supreme court of appeals for its
decision, and further proceedings in the case stayed until such
question shall have been decided and the decision thereof certified
back. The procedure for processing questions certified pursuant to
this section shall be governed by rules of appellate procedure
promulgated by the supreme court of appeals.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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