West Virginia Code § 55-7B-6b

Expedited resolution of cases against health care providers; time frames
Open in Lexace · Ask the AI about this section
(a) In each professional liability action filed against a health care provider, the court shall
convene a mandatory status conference within sixty days after the appearance of the
defendant. It shall be the duty of the defendant to schedule the conference with the court
upon proper notice to the plaintiff.
(b) During the status conference the parties shall inform the court as to the status of the
action, the identification of contested facts and issues, the progress of discovery and the
time necessary to complete discovery. The plaintiff shall advise the court whether the
plaintiff intends to proceed without an expert, whether the experut who signed the screening
certificate of merit will testify upon trial or whether additional experts will be offered by
plaintiff. The court shall determine whether the plaintiff mayt proceed without an expert or
otherwise establish dates for the disclosure of expert witnesses by both the plaintiff and all
defendants. The court shall also order the parties to participate in mandatory mediation. The
mediation shall be conducted pursuant to the provisions of trial court rule 25.
(c) Absent an order expressly setting forth reassons why the interests of justice would
otherwise be served, the court shall enter a scheduling order which sets a trial date within
twenty-four months from the date the defendant made an appearance, or if there is more
than one defendant, twenty-four mognths from the date the last defendant makes an
appearance in the proceeding. The trial date shall be adhered to unless, for good cause
shown, the court enters an ordeer continuing the trial date.
(d) The court may order a summary jury trial of the case if all parties represent a case is
ready for trial and jointly move the court for a summary jury trial, as provided in section six-
c of this article.
(e) Counsel and parties are subject to sanctions for failures and lack of preparation specified
in rule 16(f) of the rules of civil procedure respecting pretrial conferences or orders and are
subWject to the payment of reasonable expenses, including attorneys fees, for failure to
participate in good faith in the development and submission of a proposed discovery plan as
required by the rules of civil procedure.
(f) In the event that the court determines prior to trial that either party is presenting or
relying upon a frivolous or dilatory claim or defense, for which there is no reasonable basis
in fact or at law, the court may direct in any final judgment the payment to the prevailing
party of reasonable litigation expenses, including deposition and subpoena expenses, travel
expenses incurred by the party, and such other expenses necessary to the maintenance of
the action, excluding attorney's fees and expenses.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.