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    • Legislation USA
    • West Virginia Code
    • Chapter 4. The Legislature
    • Article 1A. Legislative Immunity
    • §4-1A-15. Right to Interlocutory Appeal

    West Virginia Code
    Article 1A. Legislative Immunity
    §4-1A-15. Right to Interlocutory Appeal

    Denial of a claim of legislative immunity is immediately appealable under the collateral order doctrine because the Speech or Debate Clause is designed to protect legislators not only from the consequences of litigation's results but also from the burden of defending themselves.

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    Structure West Virginia Code

    West Virginia Code

    Chapter 4. The Legislature

    Article 1A. Legislative Immunity

    §4-1A-1. Purpose; Legislative Findings and Declarations

    §4-1A-2. Applicability of Definitions

    §4-1A-3. Legislative Act Defined

    §4-1A-4. Legislative Sphere Defined

    §4-1A-5. Political Act Defined

    §4-1A-6. Scope of Legislative Immunity Generally

    §4-1A-7. Legislative Immunity in Specific Instances

    §4-1A-8. Actions Taken Without Lawful Authority Are Not Immune

    §4-1A-9. Political Acts Are Not Privileged

    §4-1A-10. Administrative Acts Are Not Immune

    §4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited

    §4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants

    §4-1A-13. Legislative Immunity From Ultimate Relief

    §4-1A-14. Testimonial Immunity

    §4-1A-15. Right to Interlocutory Appeal

    §4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article

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