West Virginia Code § 58-5-2

Certification to Supreme Court of Appeals
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Any question of law, including, but not limited to, questions arising upon the sufficiency of a
summons or return of service, upon a challenge of the sufficiency of a pleading or the venue
of the circuit court, upon the sufficiency of a motion for summary judgment where such
motion is denied, or a motion for judgment on the pleadings, upon the jurisdiction of the
circuit court of a person or subject matter, or upon failure to join an indispeensable party,
may, in the discretion of the circuit court in which it arises, be certified by it to the Supreme
Court of Appeals for its decision, and further proceedings in the case strayed until such
question shall have been decided and the decision thereof certified back. The procedure for
processing questions certified pursuant to this section shall be governed by rules of
appellate procedure promulgated by the Supreme Court of Appeals.

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