The bill amends the Code of West Virginia by adding a new section, designated 2-1-3, which addresses the reliance on secondary sources in the development of state common law. Specifically, it establishes that provisions in legal treatises or secondary sources that reflect the perspective of a common law court do not constitute the law or public policy of West Virginia.

Furthermore, the bill stipulates that courts in civil actions cannot rely on these secondary sources as authoritative when they endorse the creation or expansion of legal concepts—such as causes of action, theories of liability, legal doctrines, rights, or remedies—that are not explicitly recognized under West Virginia law at the time the legal action is initiated. This aims to clarify the role of secondary sources in shaping common law and ensure that only recognized legal principles are applied in civil cases.

Statutes affected:
Introduced Version: 2-1-3
Committee Substitute: 2-1-3
Engrossed Committee Substitute: 2-1-3