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Litigation Handbook on West Virginia Rules of Civil Procedure - 4th Edition
Litigation Handbook on West Virginia Rules of Civil Procedure - 4th Edition Author:Franklin D. Cleckley, Robin Jean Davis, Louis J. Palmer, Jr The Fourth Edition of this Handbook provides a meaningful and thorough starting point for researching the West Virginia Rules of Civil Procedure. This Handbook represents an invaluable tool for the bench and bar in obtaining a fundamental understanding of the application of the rules of civil procedure. Several substantive matters regarding thi... more »s Handbook require noting. First, the material in this Handbook has been organized so as to correspond with actual rule citations. For example, ยง 12(b)(6) of the Handbook corresponds with Rule 12(b)(6) of the rules of civil procedure. Therefore, if a practitioner knows the particular rule citation under consideration, he or she need only find the corresponding section citation in this Handbook for a discussion of the particular rule. Next, although earlier editions of this Handbook did not cite to any per curiam opinions issued by the state Supreme Court, the Fourth Edition does. This substantive change reflects our belief that the Supreme Court is now fully committed to embracing per curiam opinions as persuasive authority to be cited before that Court, as well as trial courts. Finally, this Handbook provides federal case law construing the federal rules of civil procedure. As the practitioner knows, West Virginia's rules of civil procedure are patterned after the federal rules. With this knowledge in mind, the Handbook offers as persuasive authority federal decisions construing the federal rules. As a practical matter, the Handbook limits its use of federal case law to areas that the state Supreme Court has not issued controlling opinions upon. The Litigation Handbook is the authoritative work on civil practice in West Virginia and anyone, either members of the bar or bench, can not effectively practice without it.« less