As amended through January 31, 2024
Rule 26.07 - Assignment of Presiding Judge in Mass Litigation(a) An order from the Chief Justice granting a Motion to Refer to the Mass Litigation Panel is a transfer of Mass Litigation to the Panel. Upon receipt of the order, the Panel Chair shall, with the advice and consent of the Panel, by order assign a Presiding Judge. If more than one Presiding Judge is assigned, the Panel Chair shall, with the advice and consent of the Panel, by order appoint a Lead Judge, and in such event, to the extent possible, require appropriate measures to be adopted to insure uniformity of decisions, including the requirement for all pre-trial dispositive motions to be decided by a majority of the Presiding Judges assigned to preside in the Mass Litigation or proceedings therein. (b) If the Panel requests the assignment of additional active or senior status circuit court judges to assist in resolving Mass Litigation or proceedings therein, the request and recommendation shall be filed with the Clerk of the Supreme Court of Appeals and sent to the Chief Justice. The order of assignment by the Chief Justice shall be filed with the Clerk and sent by the Clerk to the Panel Chair and to the clerk of the circuit court where the Mass Litigation is pending for service on all parties. (c) The Panel Chair may act on any properly filed motions until the Mass Litigation is assigned to a Presiding Judge.W.Va. Trial. Ct. R. 26.07