WEST virginia Legislature

2017 regular session

Introduced

House Bill 2629

By Delegates  Foster, N., Higginbotham, Foster, G., Hill, Shott, Butler, Westfall, Phillips, Moore, Wilson and Kessinger

[Introduced February 21, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §56-4-63a, relating to permitting a corporation to be represented by an officer of that corporation who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §56-4-63a, to read as follows:

ARTICLE 4. RULES AND PLEADING.

§56-4-63a. Certain corporations; pro se representation.

When the amount in controversy in any action at law does not exceed the sum of $50,000, exclusive of interest, attorney fees contracted for in the instrument, and costs, a corporate plaintiff or defendant, the stock of which is held by no more than ten persons and is not publicly offered or planned to be publicly offered at the time of the litigation, may be represented by an officer of that corporation who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney, provided that such officer has the unanimous consent of all the shareholders to do so.

NOTE: The purpose of this bill is to permit a corporation to be represented by an officer of that corporation who shall have all the rights and privileges given an individual to represent, plead, and try a case without an attorney.

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