Virgin Islands rule in Virgin Islands

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 43 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2026Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 43 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Super. Ct. July 25, 2014) (unpublished)); Yearwood Enterprises., 69 V.I. at 869 (observing that the Court “is mindful that decisions of federal courts interpreting a rule of federal procedure represent persuasive rather than binding authority in the context of th[e] ... interpretation of an identical Virgin Islands rule”); Wallace, 71 V.I. at 718 n.3 (“[T]his Court treats decisions from other jurisdictions construing statutes that feature language substantially similar to the language used in a Virgin Islands statute as persuasive authority only.” (citing Rivera-Moreno v. Gov't of the V.I., 61

2026Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 43 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2026Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 43 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2023For example, the United States Court of Appeals for the Ninth Circuit explained that, while “Rule 9(b) applies to ‘averments of fraud’[,]” “in cases in which fraud is not an essential element of the claim, Rule 9(b) applies, but only to particular averments of fraud.” Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1103 (9th Cir. 2003) (emphasis added).

2023For example, the United States Court of Appeals for the Ninth Circuit explained that, while “Rule 9(b) applies to ‘averments of fraud’[,]” “in cases in which fraud is not an essential element of the claim, Rule 9(b) applies, but only to particular averments of fraud.” Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1103 (9th Cir. 2003) (emphasis added).

2026See also, Francis v. Virgin Islands, 63 V.1. 724, 746 (2015); Alexander, 78 V.I. 969 , 978 (reaffirming the application of the four Barker factors in the Virgin Islands to a claim of violation of the Sixth Amendment right to a speedy trial) 7 See Francis, 63 V.I. at 755 3d. ® Strunk v. United States, 412 U.S. 434, 440 (1973) (citing Barker, 407 U.S. at 522 ) 10 Id. " Carty v. People of the V.I, 56 V.E. 345, 365 (2012) '?

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2025Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 54 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2025Civ. P. 4(c)(2) also prohibits service by a party.” (citing Shabazz v. White, 301 Fed. Appx. 316, 317 (5th Cir.2008) (per curiam); Constien, 628 F.3d at 1213-14); Dumas v. Decker, 556 Fed. Appx. 514 , (7th Cir. 2014) (unpublished) (citing Constien, 628 F.3d at 1217 ). 54 Dombush v. C.I.R., 901 F.2d 1130 (D.C. Cir. 1990); McGowen v. Second Judicial District Court, 432 P.3d 220, 737-38 (Nev. 2018) (“At the time Nevada amended its rules in 2004, federal courts were already interpreting its rule as allowing service of process by a plaintiff’s attorney.” (citing Trs. of Local Union No. 727 Pension

2025In Re Campbell, 59 V.I. 701, 724 (2013) (holding that a person not licensed to practice law in the Virgin Islands violated the prohibition on unauthorized practice of law in making an appearance before the Superior Court).

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2025Thus, because these two phrases are interchangeable in this context, the Supreme Court’s analysis of the meaning and effect of the previous version of Rule 52(b) is equally applicable to the current, restyled version of the rule, and therefore equally applicable to the identical Virgin Islands rule as well '3 Indeed, as originally stated in United States v. Atkinson—the seminal decision in which the Supreme Court first articulated the plain error doctrine, and from which the language of Rule 52(b) is derived—the plain error doctrine was described as providing an exception to the general rule t

2017However, at the time when Chaput filed his complaint, conversion was recognized in the Virgin Islands as a claim for relief, albeit according to the rules as “defined by the Restatements.” Isaac v. Crichlow, 63 V.I. 38, 58 (Super. Ct. 2015) (citing Chase Manhattan Bank N.A. v. Power Products, Inc., 21 V.I. 126 (Terr.

2014Cf. Better Bldg Maint. of the V.I., Inc. v. Lee, 60 V.I. 740, 755 (V.I.2014) (“decisions of the District Court sitting in its capacity as a local trial court are not binding on the Superior Court.”); see also Walters v. Walters, 60 V.I. 768,777 n.10 (V.I. 2014) (holding that predictions of the District Court of the Virgin Islands as to ho w the Supreme Court of the Virgin Islands might rule are not binding on the Superior Court of the Virgin Islands).

2014Cf. Better Bldg Maint. of the V.I., Inc. v. Lee, 60 V.I. 740, 755 (V.I.2014) (“decisions of the District Court sitting in its capacity as a local trial court are not binding on the Superior Court.”); see also Walters v. Walters, 60 V.I. 768,777 n.10 (V.I. 2014) (holding that predictions of the District Court of the Virgin Islands as to ho w the Supreme Court of the Virgin Islands might rule are not binding on the Superior Court of the Virgin Islands).

2010Among the rules of statutory construction in the Virgin Islands is the principle that “... where a Virgin Islands statute is patterned after a statute from another jurisdiction, the borrowed statute shall be construed to mean what the highest court from the borrowed statute’s jurisdiction, prior to the Virgin Islands enactment, construed the statute to mean.” Virgin Islands Gov’t Hosps. and Health Facilities Corp. v. Gov’t of the Virgin Islands, 47 V.I. 430, 442 (Super.

2009See Act of Sept. 24,1789, ch. 20, § 29, 1 Stat. 88 .Evidencing an intent to ensure that Virgin Islands defendants were also guaranteed an explicit right to bail, Congress, in addition to enacting the Eighth Amendment’s excessive bail prohibition language in the ROA, enacted the bail provision in section 3 of the ROA .... 50 V.I. at 256 . (emphasis added).

2009See, e.g., Martin v. Alaska, 517 P.2d 1389, 1394 (Alaska 1974) (“Our study of Article I, section 11 thus compels a conclusion that the Alaska Constitution without doubt guarantees to every accused person the right to be released on bail except for capital offenses where the proof is evident or the presumption great.