Bill > HB2816

This bill adds a new section to West Virginia state law that limits the use of secondary legal sources in court cases. Specifically, the bill prevents courts from relying on legal treatises or other secondary sources that propose new legal theories, causes of action, or legal doctrines that are not already recognized under existing West Virginia law. A secondary source is a legal resource that provides commentary or analysis about the law, such as scholarly writings, legal encyclopedias, or academic treatises, as opposed to primary sources like statutes or court decisions. The bill aims to prevent courts from expanding legal liability or creating new legal rights based on interpretations found in these secondary sources, effectively constraining judicial discretion and requiring courts to base their decisions strictly on existing state law. This provision is designed to provide more predictability and restrict courts from adopting novel legal theories that are not already established in West Virginia's existing legal framework.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2816&year=2025&sessiontype=RS&btype=bill