HB 2782 Text

H. B. 2782
(By Delegates Staton, Amores, McGraw,
Beane, Wills, Keener and R. Thompson)
[Introduced March 7, 2001; Referred to the Committee
on the Judiciary.]

A BILL to amend and reenact section eighteen, article two, chapter fifty-five, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to actions and suits at law; providing that an action dismissed as a result of process not having been served is not a dismissal on the merits; providing that these amendments are remedial in nature.

Be it enacted by the Legislature of West Virginia:
That section eighteen, article two, chapter fifty-five, of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-18. Extension of period for new action after abatement, dismissal, etc., of action commenced within due time.

If any action or suit, including an action for wrongful death, commenced within due time, in the name of or against one or more plaintiffs or defendants, abate as to one of them by the return of no inhabitant, or by his or her death or marriage, or if, in an action or suit, including an action for wrongful death, commenced within due time, judgment or decree (or other and further proceedings) for the plaintiffs should be arrested or reversed on a ground which does not preclude a new action or suit for the same cause, or if there be occasion to bring a new action or suit by reason of such cause having been dismissed for want of security for costs, or by reason of any other cause which could not be plead in bar of an action or suit, including dismissal of a case for failure to have process timely served, regardless whether the plaintiff was notified by the court of the pending dismissal, or of the loss or destruction of any of the papers or records in a former action or suit which was in due time; in every such case, notwithstanding the expiration of the time within which a new action or suit must otherwise have been brought, the same may be brought within one year after such abatement, dismissal or other cause, or after such arrest or reversal of judgment or decree, or such loss or destruction, but not after. A dismissal by reason that process was not served within one year is not a voluntary dismissal nor is it a determination on the merits. The provisions of this section shall not apply to actions brought for the death of any person occurring prior to the first day of July, one thousand nine hundred eighty-two. The amendments made hereto during the two thousand one regular session of the legislature shall be consider remedial in nature and apply to all cases pending as of the date the amendments are enacted.

NOTE: The purpose of this Bill is to clarify that the saving provision applies to cases timely brought but dismissed for not having been served in the shortened time period set forth in recent amendments to the Rules of Civil Rules.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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