Rule 29.06 - Motion to Refer Actions as Business Litigation(a)(1) Any party or judge may seek a referral of Business Litigation to the Division by filing a Motion to Refer to the Business Court Division with the Clerk of the Supreme Court of Appeals of West Virginia. The motion shall identify the nature of the action(s) sought to be referred, the basis for the request, and, if known, whether additional related actions are pending or may be filed in the future. A copy of the complaint, answer, docket sheet and any other documents that support referral under Trial Court Rule 29.04(a) shall be attached to the motion.(2) The motion shall be filed after the time to answer the complaint has expired. For good cause shown to the Chief Justice, the motion may be filed sooner. (3) The motion shall be served on all the parties, including those parties not represented by counsel, all judges in action(s) that are the subject of the motion, the circuit clerk where the case is pending, and the Central Office of the Business Court Division. (4) Any party or affected judge shall have twenty (20) days after the motion is filed to file a reply memorandum stating its position and opposition, if any. any reply memorandum must be filed with the Clerk of the Supreme Court of Appeals and served in accordance with Trial Court Rule 29.06(a)(3). The Chief Justice shall have the authority to grant or deny the motion to refer without response for good cause shown. (b) The filing of a Motion to Refer shall not operate as a stay of the civil action(s), unless otherwise ordered by the judge of the circuit court in which the case is pending. (c)(1) After the response period has expired, upon review of the motion and reply memoranda, the Chief Justice may act directly upon the motion or may direct the Division to conduct a hearing.(2) If the Chief Justice directs, a Division member or members shall hold a hearing to receive evidence and entertain arguments by the parties or any judge, and shall submit findings of fact and a recommendation to the Chief Justice. (3) The Chief Justice, whether acting directly upon the motion or upon the recommendation of the Division member or members, shall promptly enter an order either granting or denying the motion, or providing modified relief. The order shall be filed with the Clerk of the Supreme Court of Appeals who shall send a copy of the order to the Division Chair, to the Central Office of the Business Court Division, and to the clerk(s) of the circuit court(s) where the action(s) are pending for service on all parties. (d) Nothing contained in this rule affects the authority of a circuit court judge to act independently under the provisions of W. Va. R.Civ.P. 42.W.Va. Trial. Ct. R. 29.06
Amended effective 7/1/2014.