Rule 26.06 - Motion to Refer Actions as Mass Litigation(a)(1) Any party, judge, or the Administrative Director of the Courts may seek a referral of actions as Mass Litigation to the Panel by filing a Motion to Refer to the Mass Litigation Panel in any circuit court in which an action is pending. The motion shall identify the nature of the actions sought to be referred, the number of plaintiffs, the number of defendants, the number of actions pending, the basis for the request, a listing of the particular actions in all the circuits for which a referral is being requested, and, if known, whether additional related actions may be filed in the future.(2) The motion may be filed within six (6) months after the filing date of the action; provided, however, that a judge or the Administrative Director of the Courts may file the motion at any time, if it is determined the litigation qualifies as Mass Litigation that may be resolved more expeditiously by referral to the Panel. (3) The motion shall be served on all the parties, including those parties not represented by counsel, all judges in actions which are the subject of the motion, and the Panel's Mass Litigation Manager. Any party shall have twenty (20) days after the motion is filed to file a reply memorandum stating its position and opposition, if any. Any affected judge may file a reply memorandum within twenty (20) days thereafter. (b) The filing of a Motion to Refer to the Mass Litigation Panel shall not operate as a stay of the civil action(s). (c)(1) After the response periods have expired, the judge of the circuit court in which the Motion to Refer to the Mass Litigation Panel was filed shall direct the clerk of the circuit court to transmit to the Clerk of the Supreme Court of Appeals for filing a copy of the motion and all reply memoranda for review by the Chief Justice. Upon review of the motion and reply memoranda, the Chief Justice may act directly upon the motion or may direct the Panel to conduct a hearing and make recommendations concerning coordinated or consolidated proceedings under this rule.(2) If the Chief Justice directs, a Panel member or members shall hold a hearing to receive evidence and entertain arguments by the parties or any judge, and shall submit findings of fact and a recommendation to the Chief Justice. (3) The Chief Justice, whether acting directly upon the motion or upon the recommendation of the Panel member or members, shall enter an order either granting or denying the motion, or providing modified relief. The order shall be filed with the Clerk of the Supreme Court of Appeals who shall send a copy of the order to the Panel Chair and to the clerk(s) of the circuit court(s) where the actions are pending for service on all parties. (d) Nothing contained in this rule affects the authority of a circuit court judge to act independently under the provisions of W. Va. R.Civ.P. 42.W.Va. Trial. Ct. R. 26.06