H. B. 2338

(By Delegates Prezioso, Gallagher, Staton,

Douglas, Jenkins, Leach and Mezzatesta)
[Introduced February 2, 1995; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact section nine, article eight, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to dismissal of cases for failure to prosecute.

Be it enacted by the Legislature of West Virginia:
That section nine, article eight, chapter fifty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. ABATEMENT, REVIVAL, DISCONTINUANCE, REINSTATEMENT OF

SUITS.

§56-8-9. Discontinuance for failure to prosecute or pay court costs.

Any court in which is pending any case wherein for more than ~~two years~~ one year there has been no order or proceeding but to continue it, or wherein the plaintiff is delinquent in the payment of accrued court costs, may, in its discretion, order such case to be struck from its docket; and it shall thereby be discontinued. A court making such order may direct it to be published in such newspaper as it may name.

NOTE: The purpose of this bill is to make the statute consistent with Rule 41(b) of the Rules of Civil Procedure.