WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary
A BILL to amend and
reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to the
venue for suits and other actions against the state; allowing a pro se
plaintiff or petitioner to file a claim or petition against the state, a state
officer, or state agency in the circuit court of a county in which the
plaintiff or petitioner resides or in which a claim arose.
Be it enacted by the
Legislature of West Virginia:
That §14-2-2 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CLAIMS
AGAINST THE STATE.
§14-2-2. Venue for
certain suits and actions.
(a) The following
proceedings shall be brought and prosecuted only in the circuit court of
Kanawha County:
(1) Any suit in which the
Governor, any other state officer, or a state agency is made a party defendant,
except as garnishee or suggestee.
(2) Any suit attempting to
enjoin or otherwise suspend or affect a judgment or decree on behalf of the
state obtained in any circuit court.
(b) Any proceeding for
injunctive or mandamus relief involving the taking, title, or collection for or
prevention of damage to real property may be brought and presented in the
circuit court of the county in which the real property affected is situate.
(c) Notwithstanding the
requirements of this section, an action or proceeding against the state, a
state officer or state agency by or on behalf of a plaintiff or petitioner who
is appearing in the action or proceeding pro se may be brought and prosecuted in
the circuit court of any county wherein the plaintiff or petitioner resides or
where the cause of action arose.
(d) This section shall apply only to such proceedings as
are not prohibited by the Constitutional immunity of the state from suit under
section thirty-five, article six of the Constitution of the State.
NOTE: The purpose of this bill is
to allow a pro se plaintiff or petitioner to file a claim or petition against
the state, a state officer, or state agency in the circuit court of a county in
which the plaintiff or petitioner resides or in which a claim arose.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.