HB 5006 West Virginia House of Delegates · 2026 Regular Session

Relating to clarifying secondary sources are not the law and public policy of West Virginia in certain instances

HB 5006 clarifies that legal textbooks, scholarly articles, and other secondary sources (like treatises) are not binding law or public policy in West Virginia. It states these materials can only be used as persuasive guidance when they align with existing state law, not to create or change legal rights. The bill also allows circuit courts to submit "first impression" legal questions - about new causes of action or rights - to the Supreme Court for formal guidance. This directly affects judges, lawyers, and courts handling cases involving novel legal interpretations.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 30, 2026 Last action Jan 30, 2026
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Total actions
4
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0
Committee
2
Jan 30, 2026
Committee
To House Judiciary
lower
Jan 30, 2026
Introduced
Introduced in House
lower
Jan 30, 2026
Committee
To Judiciary
lower
1 primary · 2 co-sponsors

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