W. Va. Trial Ct. R. 29.04

For purposes of this Rule, the following definitions apply:

(a) "Business Litigation" — one or more pending actions in circuit court in which:

(1) the principal claim or claims involve matters of significance to the transactions, operations, or governance between business entities; and

(2) the dispute presents commercial and/or technology issues in which specialized treatment is likely to improve the expectation of a fair and reasonable resolution of the controversy because of the need for specialized knowledge or expertise in the subject matter or familiarity with some specific law or legal principles that may be applicable; and

(3) the principal claim or claims do not involve: consumer litigation, such as products liability, personal injury, wrongful death, consumer class actions, actions arising under the West Virginia Consumer Credit Act and consumer insurance coverage disputes; non-commercial insurance disputes relating to bad faith, or disputes in which an individual may be covered under a commercial policy, but is involved in the dispute in an individual capacity; employee suits; consumer environmental actions; consumer malpractice actions; consumer and residential real estate, such as landlord-tenant disputes; domestic relations; criminal cases; eminent domain or condemnation; and administrative disputes with government organizations and regulatory agencies, provided, however, that complex tax appeals are eligible to be referred to the Business Court Division.

(b) "Business Litigation Assignment Region" — a group of existing judicial circuits that meets the population requirements set forth in West Virginia Code § 51-2-15(b). The Assignment Regions are:

Assignment Region A | Barbour, Harrison, Lewis, Marion, Monongalia, Preston, Taylor, and Upshur Counties

Assignment Region B | Brooke, Doddridge, Hancock, Marshall, Ohio, Pleasants, Ritchie, Tyler, Wetzel, Wood, and Wirt Counties

Assignment Region C | Calhoun, Jackson, Kanawha, Mason, Putnam, and Roane Counties

Assignment Region D | Boone, Cabell, Lincoln, Logan, Mingo, and Wayne Counties

Assignment Region E | Braxton, Clay, Fayette, Gilmer, Nicholas, Raleigh, Webster, and Wyoming Counties

Assignment Region F | Greenbrier, McDowell, Mercer, Monroe, Pocahontas, and Summers Counties

Assignment Region G | Berkeley, Grant, Hampshire, Hardy, Jefferson, Mineral, Morgan, Pendleton, Randolph, and Tucker counties.

(c) " Central Office of the Business Court Division " — a location designated by the Supreme Court to act as the central administrative headquarters for the operation of the Business Court Division.

(d) "Presiding Judge" — A member of the Division assigned by order of the Division Chair, with the advice and consent of the Division, to preside in Business Litigation or proceedings therein referred by the Chief Justice to the Division.

(e) "Resolution Judge" — A member of the Division assigned by order of the Division Chair, with the advice and consent of the Division, to mediate, arbitrate, or provide any other form of dispute resolution agreed to by the parties. To protect confidentiality of the mediation process, communication between the presiding and resolution judge regarding the mediation during or after the process shall be limited to procedural status or other matters agreed to by all parties. The presiding judge will retain control and jurisdiction over the case.