This bill amends the Code of West Virginia to grant the Intermediate Court of Appeals the authority to hear certified questions regarding the constitutionality of state statutes, rules, or executive orders. Specifically, it adds a new section, 58-5-8, which allows parties in circuit court cases to file a motion for an expedited answer from the Intermediate Court on constitutional issues raised during their proceedings. The bill outlines the process for filing such motions, including requirements for concise statements of the constitutional questions and the necessity to serve copies to all relevant parties, including the Attorney General if the state is not a party to the case.

Additionally, the bill modifies existing jurisdictional provisions by allowing the Intermediate Court to address certified questions of law, which was previously excluded. The new section emphasizes the importance of timely judicial determinations on constitutional matters of statewide concern and establishes that the answers provided by the Intermediate Court or the Supreme Court of Appeals will be binding on the parties involved and the circuit court. The procedures for handling these certified questions will adhere to the rules of appellate procedure established by the Supreme Court of Appeals.

Statutes affected:
Introduced Version: 51-11-4, 58-5-8