W. Va. Code » §58-5-2. Certification to Supreme Court of Appeals.
West Virginia Code

W. Va. Code § 58-5-2 (2026)

Certification to Supreme Court of Appeals

✓ current as of May 2026
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CHAPTER 58. APPEAL AND ERROR.

Article 4
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ARTICLE 5. APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS AND THE SUPREME COURT OF APPEALS.

§58-5-2. Certification to Supreme Court of Appeals.

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 indispensable 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 stayed 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.

Notes of Decisions
Cited in 92 cases (8 in the last 5 years), 1978–2025 · leading case: State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017).
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State of West Virginia v. Steward Butler, 799 S.E.2d 718 (W. Va. 2017). · cites it 21× “2d 837, 838 (1970) (answering certified question on basis it raised issue of jurisdiction, as provided under W.Va. Code § 58-5-2); State v. De Spain, 139 W.”
Holloman v. Nationwide Mut. Ins., 617 S.E.2d 816 (W. Va. 2005). · cites it 8× “This matter comes before this Court pursuant to certified questions presented by the Circuit Court of Greenbrier County pursuant to W. Va.Code § 58-5-2 (1998). [1] The circuit court certified the questions upon the request of plaintiff after it had denied her motion for partial…”
Michael Ex Rel. Michael v. Appalachian Heating, LLC, 701 S.E.2d 116 (W. Va. 2010). · cites it 8× “After the denial, State Auto orally moved that a question be certified to this court pursuant to W. Va.Code § 58-5-2 (1998) (Repl.Vol.2005).”
State v. Lewis, 422 S.E.2d 807 (W. Va. 1992). · cites it 8× “MILLER, Justice: We granted this case to determine whether the State can obtain review in this Court of a ruling made in a circuit court in a criminal case by certified question under W.Va.Code, 58-5-2 (1967), or by writ of prohibition.”
Zelenka v. City of Weirton, 539 S.E.2d 750 (W. Va. 2000). · cites it 12× “The questions certified arise from a motion to dismiss filed by defendant City of Weirton, *752 pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, on the ground that the plaintiff's claim is barred by the immunity granted to a political subdivision under W.”
Hannah v. Heeter, 584 S.E.2d 560 (W. Va. 2003). · cites it 4× “According to W.Va.Code § 58-5-2 (1998), in part, “[a]ny question of law, including .”
Woodrum v. Johnson, 559 S.E.2d 908 (W. Va. 2001). · cites it 4× “Citing the common-law rule applicable in several other jurisdictions, the Hospital argued that the release of an agent should also release the principal, where the plaintiff's claim against the principal is based solely upon ostensible agency.”
In Re Flood Litig., 607 S.E.2d 863 (W. Va. 2004). · cites it 6× “4 In its certification order, the Panel indicated that it certified these questions pursuant to Rule 12(e) of the West Virginia Rules of Civil Procedure, in that it arises from a motion for judgment on the pleadings; W.Va.Code § 58-5-2 (1998); and Bass v. Coltelli 192 W.”
Clark v. Druckman, 624 S.E.2d 864 (W. Va. 2005). · cites it 4× “BENJAMIN, Justice: This matter is presented to us upon certified questions presented by the Circuit Court of Cabell County pursuant to W. Va.Code § 58-5-2 (1998). 1 The underlying tort action arises from claims asserted by a physician against the attorneys who brought a medical…”
Aikens v. Debow, 541 S.E.2d 576 (W. Va. 2001). · cites it 2× “, and W.Va.Code, 58-5-2 [1967], the statute relating to certified questions from a circuit court of this State to this Court.”
Elmore v. State Farm Mut. Auto. Ins., 504 S.E.2d 893 (W. Va. 1998). · cites it 4× “The question before us, therefore, is properly certified under W.Va.Code § 58-5-2 (1967) and is within the jurisdiction of this Court.”
Wellington Power Corp. v. CNA Sur. Corp., 614 S.E.2d 680 (W. Va. 2005). · cites it 4× “In both cases, CNA filed motions to dismiss Plaintiffs' complaints, based on the pay-if-paid provision, which were both denied.”
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W. Va. Code § 58-5-2(1967): 1 case
Cunningham v. Hill, 698 S.E.2d 944 (W. Va. 2010).
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