Introduced Version
House Joint Resolution 4 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE JOINT RESOLUTION NO.4
(By Delegate Louisos)
[Introduced
February 11, 2005
to the Committee on Constitutional
Revision then the Judiciary]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section thirteen, article three thereof,
relating to providing that the right to a jury trial in suits
at common law as well as any state-sanctioned administrative
proceeding is preserved if the amount in controversy exceeds
one thousand dollars; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand six, which proposed amendment is that section thirteen, article three thereof, be amended to read as follows:
ARTICLE III. BILL OF RIGHTS.
§13. Right of jury trial.
In suits at common law and State administrative proceedings,
where the value in controversy exceeds twenty one thousand dollars
exclusive of interest and costs, the right of trial by jury, if
required by either party, shall be preserved; and in such suit in
a court of limited jurisdiction a jury shall consist of six
persons. No fact tried by a jury shall be otherwise reexamined in
any case than according to rule of court or law.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "Right to Jury Trial in Administrative Proceedings Amendment
and the purpose of the proposed amendment is summarized as follows:
"To raise the threshold amount in controversy from in excess of
twenty dollars to in excess of one thousand dollars in order to
entitle one to the right of a jury trial in a civil matter,
including any state-sanctioned administrative proceeding."
NOTE: The purpose of this amendment is to provide for jury
trials in administrative proceedings. The amendment also raises
the threshold amount in controversy from in excess of $20 to in excess of $1,000 to entitle a person to a jury trial.
Strike-throughs indicate language that would be stricken from
the present constitution, and underscoring indicates new language
that would be added.
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