Clarifies that secondary sources are not the law or public policy in West Virginia and allows certified questions to the Supreme Court on first.
This bill clarifies that secondary sources, such as legal treatises, scholarly publications, and textbooks, are not the law or public policy of West Virginia. These sources only serve as persuasive authority when they conflict with or are not addressed by existing state law. Additionally, the bill allows circuit courts to certify questions of law to the Supreme Court of Appeals of West Virginia on issues of first impression, specifically those that create, eliminate, expand, or restrict a cause of action, right, or remedy.
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