W.Va. Trial. Ct. R. 26.04

As amended through January 31, 2024
Rule 26.04 - Definitions

For purposes of this Rule, the following definitions apply:

(a) "Mass Litigation" - Two (2) or more civil actions pending in one or more circuit courts:
(1) involving common questions of law or fact in mass accidents or single catastrophic events in which a number of people are injured; or
(2) involving common questions of law or fact in "personal injury mass torts" implicating numerous claimants in connection with widely available or mass-marketed products and their manufacture, design, use, implantation, ingestion, or exposure; or
(3) involving common questions of law or fact in "property damage mass torts" implicating numerous claimants in connection with claims for replacement or repair of allegedly defective products, including those in which claimants seek compensation for the failure of the product to perform as intended with resulting damage to the product itself or other property, with or without personal injury overtones; or
(4) involving common questions of law or fact in "economic loss" cases implicating numerous claimants asserting defect claims similar to those in property damage circumstances which are in the nature of consumer fraud or warranty actions on a grand scale including allegations of the existence of a defect without actual product failure or injury; or
(5) involving common questions of law or fact regarding harm or injury allegedly caused to numerous claimants by multiple defendants as a result of alleged nuisances or similar property damage causes of action.
(b) "Liaison Counsel" - Attorneys designated by the Presiding Judge and charged with essentially administrative matters, including communications between the court and other plaintiff or defense counsel; receiving and distributing notices, orders, motions, and briefs for the group; convening meetings of counsel; advising other counsel and unrepresented parties of developments; and otherwise assisting in the coordination of activities and positions.
(c) "Lead Counsel" - Attorneys designated by the Presiding Judge and charged with formulating and presenting positions on substantive and procedural issues during the litigation by initiating and organizing discovery requests and responses; conducting the principal examination of deponents; employing experts; arranging for support services; serving as the principal attorneys at trial for their respective plaintiff or defense group or subgroups; and organizing and coordinating the work of the other attorneys on their respective plaintiff or defense trial team.
(d) "Certificate of Service List" - The document prepared by Liaison Counsel from the Notices of Appearance and information from self-represented parties and certified by the Presiding Judge as the official contact list of counsel and self-represented parties for service or other notice.
(e) "Notice of Appearance" - The document all counsel shall file and serve containing the name and address of the party or parties each counsel represents, the name and address of the attorney, the name of the attorney's law firm, the attorney's West Virginia State Bar Identification Number, if applicable, or pro hac vice admission status, telephone number, fax number, and electronic mail address.
(f) "Notice of Withdrawal" - The document all counsel shall file and serve on all parties, after complying with Trial Court Rule 4.03(b), if counsel no longer represents a party or parties, or after a party is dismissed.
(g) "Presiding Judge" - One or more members of the Panel assigned by order of the Panel Chair, with the advice and consent of the Panel, to preside in Mass Litigation or proceedings therein referred by the Chief Justice to the Panel. "Presiding Judge" also includes an active or senior status circuit court judge or judges recommended by the Panel and assigned by the Chief Justice to assist the Panel in resolving Mass Litigation or proceedings therein.
(h) "Lead Judge" - The judge appointed by order of the Panel Chair, with the advice and consent of the Panel, to lead in Mass Litigation in which more than one Presiding Judge is assigned.

W.Va. Trial. Ct. R. 26.04