This bill amends the Code of West Virginia to grant the Intermediate Court of Appeals the jurisdiction 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 civil cases to seek an expedited response from the Intermediate Court of Appeals on constitutional issues raised during their cases in circuit court. The bill outlines the process for filing a motion for a certified question, including requirements for a concise statement of the constitutional question and an answer to it, as well as the obligation to serve all parties involved.

Additionally, the bill modifies existing law by removing the prohibition against the Intermediate Court of Appeals hearing certified questions of law, thereby allowing for a more efficient resolution of constitutional issues that arise in civil cases. The new provisions ensure that the Intermediate Court of Appeals must respond to certified questions as soon as practicable and that their answers, as well as any subsequent decisions by the Supreme Court of Appeals, will be binding on the parties involved and the circuit court. This legislative change aims to enhance the judicial process by addressing significant constitutional concerns in a timely manner.

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