Several substantive matters regarding this Handbook require noting. First, the material in this Handbook has been organized so as to correspond with actual rule citations. For example, ' 12(b)(6) of the Handbook corresponds with Rule 12(b)(6) of the rules of civil procedure. Therefore, if a practitioner knows the particular rule citation under consideration, he or she need only find the corresponding section citation in this Handbook for a discussion of the particular rule.
Next, the Handbook does not cite any per curiam opinion issued by the state Supreme Court. The Supreme Court has, in many of its opinions, made clear that it is not amenable to per curiam opinions being cited as controlling or persuasive authority. For this reason, the Handbook omits references to per curiam opinions.
Finally, the Handbook provides federal case law construing the federal rules of civil procedure. As the practitioner knows, West Virginia’s rules of civil procedure are patterned after the federal rules. With this knowledge in mind, the Handbook offers as persuasive authority federal decisions construing the federal rules. The Litigation Handbook on West Virginia Rules of Civil Procedure will prove to be an invaluable resource for both the practitioner and the bench alike.
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Franklin D. Cleckley is the Arthur B. Hodges Professor of Law at West Virginia University College of Law, where his courses include Criminal Procedure, Evidence and Civil Rights. Professor Cleckley has been on the Faculty, West Virginia University College of Law since 1969. He was a Drafter of the West Virginia Rules of Evidence and the West Virginia Rules of Criminal Procedure and Drafter of the 1984 Revisions of the Local Rules U.S. District Court for the Northern District of West Virginia. Professor Cleckley has been a Visiting Professor at: University of Maryland, Mercer University, Louisiana State University, College of William and Mary and Syracuse University. He was also Distinguished Visiting Professor at the University of Mississippi. He is former Associate Justice, West Virginia Supreme Court of Appeals and Special Assistant to the General Counsel of Tennessee Valley Authority. Professor Cleckley’s publications include: Evidence Handbook for West Virginia Lawyers, Michie, (3 editions - 1978, 1986, 1994); West Virginia Criminal Procedure Handbook, Michie (2 editions - 1984, 1993)
Louis J. Palmer, Jr. has been a staff attorney on the West Virginia Supreme Court of Appeals since 1996. He has Authored and co-authored six books dealing with local and national legal issues.
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