• The New West Virginia Business Court: A Positive Development for Business Litigation
  • September 28, 2012 | Author: David A. Bosak
  • Law Firm: Spilman Thomas & Battle, PLLC - Charleston Office
  • On September 11, 2012, the West Virginia Supreme Court of Appeals announced the new Business Court Division ("BCD"). The BCD was created pursuant to W. Va. Code § 51-2-15,  and the new rules can be found in West Virginia Trial Court Rule 29.

    Q.  What is the Business Court Division, and what is its purpose?

    A.  The BCD, based in Martinsburg, West Virginia, is a new court system designed to handle complex and specialized commercial cases. The BCD will take commercial cases out of the normal circuit court docket, give those cases to judges who are trained to handle commercial matters, and then expedite the process so that these cases are resolved efficiently.

    The BCD is not

    • an appellate court,
    • a court of original jurisdiction, or
    • a court that will handle consumer complaints or other delineated claims in Rule 29.

    The West Virginia Supreme Court of Appeals ("WVSCA") stated the purpose of the BCD is to ensure a fair and competent trial on complex commercial matters. The goal is that companies looking to conduct business here will see that commercial disputes are given special treatment that is designed to resolve their problems quickly.