||Rory Perry's Weblog
Law, technology, and the courts
Thursday, September 24, 2009
Wednesday, September 16, 2009
Thursday, October 16, 2008
Recent rules activity - Mass Litigation Panel; changes to Rule 3(a) of the Rules of Civil Procedure
On October 9, 2008, the Court approved four rule changes related to mass litigation that become effective immediately. Those changes are:
- Amendments to Trial Court Rule 26: These amendments relate to the Mass Litigation Panel, referral of cases, and conduct of business before the Panel, among other changes. An engrossed version of TCR 26 is also available.
- New Trial Court Rule 15: This is a new rule that will allow the implementation of electronic filing and service in cases referred to the Mass Litigation Panel under Trial Court Rule 26. Electronic filing and service will not be used to initiate cases, and implementation will be triggered by entry of an order by the Panel (See TCR 15.02).
- Amendment to Trial Court Rule 16.05(a): This amendment adds mass litigation to a list of exceptions from time standards otherwise applicable in civil litigation.
- Amendment to Rule of Civil Procedure 5(e): This amendment enables electronic filing and service for post-complaint filings, following the model used to enable filing by facsimile.
In addition, the Court approved an amendment to Rule of Civil Procedure 3(a) that becomes effective on November 10, 2008. The amendment adds a second sentence to the existing rule, as follows: "(a) Complaint. [~] A civil action is commenced by filing a complaint with the court. For a complaint naming more than one individual plaintiff not related by marriage, a derivative or fiduciary relationship, each plaintiff shall be assigned a separate civil action number and be docketed as a separate civil action and be charged a separate fee by the clerk of a circuit court." For additional background on this rule, see syllabus points 3 and 4 of CABLE v. HATFIELD, 202 W.Va. 638, 505 S.E.2nd 701 (Davis, C.J.)(July 7, 1998). 10:10:44 AM [Permanent Link]
Wednesday, July 16, 2008
January 2008 opinion summaries
Today I'll be posting summaries of the 66 opinions issued by the West Virginia Supreme Court in the January 2008 term of court. Of those opinions, 26 were signed opinions setting forth new points of law in syllabus points, and 40 opinions were per curiam opinions. I know it's been a long time since there was an update to this site, due to other duties in the past six months. 10:46:05 AM [Permanent Link]
Friday, February 1, 2008
CRIMINAL :: Lesser-included misdemeanor, statute of limitations defense waived
STATE v. DANIEL B. BINGMAN, No. 33299 (Per Curiam)(Starcher, J., dissenting)(Albright, J., dissenting)(October 26, 2007). Affirming a conviction and sentence imposed by the Circuit Court of Gilmer County upon conviction for one count of petit larceny in violation of W. Va. Code 61-3-13(b). The indictment for grand larceny occurred more than one year after the offense. Holding that defense counsel failed to object to jury instructions on the lesser-included offense, thereby waiving any statute of limitations defense that could be asserted, in accord with rule announced in syllabus point 3 of STATE v. BOYD, 209 W. Va. 90, 543 S.E.2d 647 (2000). 4:01:44 PM [Permanent Link]
Thursday, January 31, 2008
Throughout the day, I'll be posting the summaries of all 58 opinions issued in the September 2007 term of court. All told, there were 42 per curiam opinions and 16 signed opinions. 8:56:51 AM [Permanent Link]
Friday, October 12, 2007
Tuesday, August 28, 2007
Summaries of all January 2007 opinions posted - corrected
Summaries of all 62 opinions issued in the January 2007 term of court are now posted. The summaries are in three groups. Issue 91, posted on March 2, 2007, contains summaries of the first ten opinions of the term. Issue #92, posted August 22, contains summaries of 45 opinions. Finally, Issue #93, posted August 28, contains seven opinion summaries that were inadvertently omitted from Issue #92.
The opinion summaries are also available on three general category pages: Civil, Criminal, and Family.
The first court day of the September term will take place on September 11th, with a Motion Docket and Argument Docket. Most of the dockets and briefs are now posted on the September calendar page. 9:54:59 AM [Permanent Link]
Wednesday, August 22, 2007
Tuesday, May 22, 2007
|A weblog about information issues in the courts, with occassional diversions, authored by the Clerk of the Supreme Court of Appeals of West Virginia.
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