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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In West Virginia, res judicata, or claim preclusion, prevents parties from relitigating a claim that has already been finally adjudicated in a court of competent jurisdiction. Once a final judgment has been rendered, the same parties cannot bring an action on the same claim or any other claim arising from the same transaction or occurrence that could have been raised in the first lawsuit. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were actually litigated and essential to the judgment in a prior action between the same parties or their privies. These doctrines are intended to promote judicial efficiency, respect for court judgments, and to protect parties from the burden of multiple lawsuits. West Virginia courts apply these principles to ensure that once a dispute is resolved, it is resolved conclusively, preventing parties from revisiting the same issues in future litigation.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil procedure

res judicata and collateral estoppel

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