This bill aims to amend the Code of West Virginia by introducing a new article that clarifies the status of secondary sources in legal matters and establishes a process for addressing legal issues of first impression. Specifically, it states that secondary sources, such as legal treatises and scholarly publications, do not constitute the law or public policy of West Virginia. Instead, they serve only as persuasive authority unless they create, eliminate, expand, or restrict a cause of action, right, or remedy, or conflict with existing West Virginia law.

Additionally, the bill allows circuit courts to certify questions of law to the Supreme Court of Appeals of West Virginia when faced with legal issues of first impression related to the creation, elimination, expansion, or restriction of a cause of action, right, or remedy. This provision aims to provide clarity and guidance in legal proceedings where existing law may not offer sufficient direction.

Statutes affected:
Introduced Version: 2-4-1, 2-4-2