Litigation Handbook on West Virginia Rules Of Civil Procedure

9781578231089: Litigation Handbook on West Virginia Rules Of Civil Procedure

The Handbook provides a meaningful and thorough starting point for researching the West Virginia Rules of Civil Procedure. The Handbook represents an invaluable tool for the bench and bar in obtaining a fundamental understanding of the application of the rules of civil procedure.

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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About the Author:

Chief Justice Robin Jean Davis of the West Virginia Supreme Court of Appeals was engaged in the private practice of law from 1982 until 1996. Before her election to the Supreme Court of Appeals, she practiced law at the six-person law firm of Segal and Davis, L.C. She concentrated in the field of employee benefits and domestic relations. In 1993, she became the first lawyer in West Virginia to be inducted into the American Academy of Matrimonial Lawyers. In 1991, the Supreme Court of Appeals appointed her to the seven-person West Virginia Board of Law Examiners, on which she served until 1996. In 1996, she was elected to the Supreme Court of Appeals to an unexpired term. She was re-elected in November 2000. Chief Justice Davis first served as chief justice in 1998. As chief justice, she accomplished a number of initiatives. These initiatives include: the Workers' Compensation Mediation Program; the expansion of parent education programs; Rules on Mass Litigation; the expansion of technology for the "Courtroom of the Future," including the video initial appearance pilot project; and the creation of the West Virginia Trial Court Rules. As chief justice, she also expanded the Supreme Court's outreach efforts by taking the Court for the first time in recent years to Wheeling and Charles Town, and leading the Court in the establishment of the LAWS program. In 2000, Chief Justice Davis received the Distinguished West Virginian Award from Governor Cecil H. Underwood. Chief Justice Davis is the author of several West Virginia Law Review articles, including: "A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles From His Opinions as a Justice on the West Virginia Supreme Court of Appeals"; "A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles from Opinions Written by Justice McHugh"; and "An Analysis of the Development of Admitting Expert Testimony in Federal Courts and the Impact of that Development on West Virginia Jurisprudence" (published in May 2002).

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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