Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances
HB 2816 clarifies that secondary legal sources - such as textbooks, treatises, or scholarly articles - do not constitute binding law or public policy in West Virginia. It specifies these sources are only persuasive when addressing causes of action, rights, or remedies, and only if they align with existing state law. The bill also allows circuit courts to certify novel legal questions (issues of "first impression") to the Supreme Court of Appeals for resolution. This directly affects courts and legal practitioners by setting clear boundaries for when external legal commentary may influence judicial decisions.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Apr 2025
House of Delegates Passage
Mar 2025
Senate Passage
Governor
Introduced Feb 24, 2025
Last action Apr 9, 2025
Maddy AI version diff · 2 comparisons
What changed between versions
Committee Substitute
→
Engrossed Committee Substitute
·
1 edit
·
Mar 31, 2025
MINOR
The bill text was updated to reflect its progression from a Committee Substitute to an Engrossed version, indicating it has passed the committee stage. The substantive content regarding the amendment to the Code of West Virginia remains the same, focusing on how courts should rely on secondary sources when developing state common law.
Scope change
The bill's scope and applicability remain unchanged; only the version identifier and metadata were updated.
TECHNICAL
Updated the document title and version history to show the bill is now an 'Engrossed Committee Substitute' rather than just a 'Committee Substitute', reflecting its status in the legislative process.
Floor votes · House of Delegates Mar 31, 2025
How they voted
84–11
Passed · 5 other
Total votes 100
Mar 31, 2025
D
Democratic9
100% Nay
R
Republican91
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
20
Key actions
2
Committee
6
Apr 9, 2025
Committee
On 2nd reading, rereferred to Judiciary
upper
Apr 9, 2025
Committee
Without recommendation, but first rereferred to Judiciary
upper
Apr 1, 2025
Committee
To Judiciary
upper
Apr 1, 2025
Introduced
Introduced in Senate
upper
Mar 31, 2025
Lower · Passed
Passed House (Roll No. 271)
lower
Mar 26, 2025
Lower · Passed
By substitute, do pass
lower
Feb 24, 2025
Committee
To House Judiciary
lower
Feb 24, 2025
Introduced
Introduced in House
lower
Feb 24, 2025
Committee
To Judiciary
lower
1 primary · 5 co-sponsors
Sponsors
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