Rule 26.09 - Motion to Join in Existing Mass Litigation(a)(1) This procedure applies if the initial order by the Chief Justice granting a Motion to Refer to the Mass Litigation Panel authorizes the Panel to transfer and join with the existing Mass Litigation any similar or related actions subsequently filed in any circuit court.(2) A Motion to Join in Existing Mass Litigation shall be filed with the clerk of the circuit court(s) where the action(s) sought to be transferred are pending and with the clerk of the circuit court where the existing Mass Litigation is pending. The motion shall set forth the identity and nature of the action(s) sought to be transferred, 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 transfer is requested, and, if known, whether additional related actions may be filed in the future. The motion shall be served on all parties, including those not represented by counsel, and sent to all judges in the action(s) sought to be transferred and to the Presiding Judge in the existing Mass Litigation sought to be joined. (3) The Presiding Judge in the existing Mass Litigation shall, with the advice and consent of the Panel, grant or refuse the motion by written order. The order shall be filed with the clerk of the circuit court where the existing Mass Litigation is pending, and shall be sent to the Panel Chair, and to the clerk(s) of the circuit court(s) where the action(s) sought to be transferred are pending for service on all parties. (b) If the initial order by the Chief Justice granting a Motion to Refer to the Mass Litigation Panel does not authorize the Panel to transfer and join with the existing Mass Litigation any subsequently filed actions, the procedure under Rule 26.06 shall be followed.W.Va. Trial. Ct. R. 26.09