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Introduced Version House Bill 4352 History

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hb4352 intr
H. B. 4352


(By Delegates Miley, Fleischauer, Brown,

Frazier, Hunt, Manchin, Michael, Moore,

Wooton, Hamilton and Ellem)


[Introduced February 5, 2010; referred to the

Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-15, relating to the establishment of a Business Court Division within West Virginia's circuit court districts by the West Virginia Supreme Court of Appeals; legislative findings; authorizing the creation of Business Court Divisions within certain circuit court districts; providing for the promulgation of appropriate rules of the Court.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §51-2-15, to read as follows:

ARTICLE 10. FILLING VACANCIES.

§51-2-15. Business Court Division.

(a) The West Virginia Legislature finds that, due to the complex nature of litigation involving highly technical commercial
issues, there is a need for a separate and specialized court docket to be maintained in West Virginia's most populated circuit court districts with specific jurisdiction over actions involving such commercial issues and disputes between businesses.
(b) The West Virginia Supreme Court of Appeals is authorized to create a business court division within the circuit court of any judicial district with a population in excess of seventy-five thousand according to the latest Federal Decennial Census.

(c) The West Virginia Supreme Court of Appeals shall promulgate rules for the establishment and jurisdiction of the business court divisions within its circuit court system.




NOTE: The purpose of this bill is to authorize the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts.

This section is new; therefore, it has been completely underscored.
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