WEST virginia legislature

2020 regular session

Committee Substitute

for

Senate Bill 772

Senators Azinger, Smith, Sypolt, and Trump, original sponsors

[Originating in the Committee on the Judiciary; reported on February 20, 2020]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §2-1-3, relating to clarifying that the Restatements of the Law and other legal treatises are not controlling authority.

Be it enacted by the Legislature of West Virginia:

ARTICLE 1. COMMON LAW.

§2-1-3. Clarifying that Restatements of the Law and other treatises are not controlling authority.

In any action governed by the laws of this state concerning rights and obligations under the law, the Restatements of the Law and other legal treatises are not controlling authority.

NOTE: The purpose of this bill is to clarify that the Restatements of Law are not controlling authority.

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