{"data":{"id":"us-wv/w.-va.-code-55-17-2","jurisdiction":"us-wv","citation":"W. Va. Code § 55-17-2","heading":"Definitions.","body":"For the purposes of this section:\n(1) \"Action\" means a proceeding instituted against a governmental agency in a circuit court or in the Supreme Court of Appeals, except actions instituted pursuant to statutory provisions that authorize a specific procedure for appeal or similar method of obtaining relief from the ruling of an administrative agency and actions instituted to appeal or otherwise seek relief from a criminal conviction, including, but not limited to, actions to obtain habeas corpus relief.\n(2) \"Government agency\" means a Constitutional officer or other public official named as a defendant or respondent in his or her official capacity, or a department, division, bureau, board, commission or other agency or instrumentality within the executive branch of state government that has the capacity to sue or be sued;\n(3) \"Judgment\" means a judgment, order or decree of a court which would:\n(A) Require or otherwise mandate an expansion of, increase in, or addition to the services, duties or responsibilities of a government agency;\n(B) Require or otherwise mandate an increase in the expenditures of a government agency above the level of expenditures approved or authorized before the entry of the proposed judgment;\n(C) Require or otherwise mandate the employment or other hiring of, or the contracting with, personnel or other entities by a government agency in addition to the personnel or other entities employed or otherwise hired by, or contracted with or by the government agency;\n(D) Require or otherwise mandate payment of a claim based upon a breach of contract by a government agency; or\n(E) Declare an act of the Legislature unconstitutional and, therefore, unenforceable.","path":["CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.","ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE."],"source_url":"https://code.wvlegislature.gov/55-17-2/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:31:01Z","sha256":"42632e09c243e66ce87f57d5bc10cc35b6ae480beb16d688e7ebf86e50519ecd","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-55-17-1","next":"us-wv/w.-va.-code-55-17-3"},"notice":"GroundRules: Original legal text. Not legal advice."}