Repeal WV Code §56-3-16. Execution of process on Sunday.
Summary
HB 4055 would repeal West Virginia Code §56-3-16, the statute governing the execution of legal process on Sunday. Based on the bill caption, the measure appears to remove the existing statutory restriction or rule that specifically addresses serving or carrying out process on Sundays. Because the bill text itself is not available in the provided materials, the precise drafting changes are not visible, but the stated purpose is a straightforward repeal of that section of code.
If enacted, the bill would eliminate that specific Sunday-process provision from state law and leave any related procedures to other applicable statutes, court rules, or general practice. The practical effect would likely be on law enforcement, sheriffs, process servers, attorneys, and courts that deal with service or execution of civil or judicial process on weekends. It may also affect litigants whose filings or service deadlines intersect with Sundays.
Impact
The bill would amend West Virginia law by deleting §56-3-16 from the code, thereby removing a standalone statutory rule on executing process on Sunday. That would narrow the body of law governing service and execution of process and could shift reliance to other procedural statutes, rules of civil procedure, or judicial interpretations for weekend service issues. The affected parties would primarily be courts, sheriffs, process servers, attorneys, and civil litigants.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so no direct evidence of support or opposition is available. The bill’s referral to House Judiciary suggests it was being considered in the committee process, but the available record does not show debate, amendments, or a vote. Overall sentiment cannot be reliably determined from the provided context.
Contention
No specific points of contention are documented in the provided materials. Potential issues, based on the subject matter, could include whether repealing the Sunday-process rule would improve efficiency for service of legal papers or whether it would create confusion about weekend service practices and deadlines. However, no legislator, committee member, or stakeholder position is identified in the available record.
Exempting the processing of beef, pork or lamb by a slaughterhouse for an individual owner of the product processed from the Consumer Sales and Service Tax