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 circuit court cases to file a motion for an expedited answer from the Intermediate Court of Appeals on constitutional issues raised in their cases. The bill outlines the process for filing such motions, including requirements for concise statements of 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 law by removing the prohibition on the Intermediate Court of Appeals from hearing certified questions of law, as indicated by the insertion of language in 51-11-4. The new provisions ensure that the Intermediate Court of Appeals must respond to certified questions as soon as practicable, while also allowing for the possibility of remanding cases back to the circuit court for further fact development if necessary. The answers provided by the Intermediate Court of Appeals, or subsequently by the Supreme Court of Appeals upon appeal, will be binding on the parties involved and the circuit court.

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