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Introduced Version Senate Bill 9 History

OTHER VERSIONS  -  Committee Substitute (2)  |  Engrossed Version  |  Committee Substitute (1)  |     |  Email
Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 9

(By Senator Mitchell)

____________

[Introduced January 9, 2002; referred to the Committee

on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact section one, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to payment of court costs; and providing that state agencies are exempt from payment of court costs in advance.

Be it enacted by the Legislature of West Virginia:
That section one, article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-1. Costs in civil actions.

The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance, except that costs due from state agencies shall not be collected in advance:
(a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:
Where the action is for five hundred dollars or
less $25.00
Where the action is for more than five hundred
dollars but not more than one thousand dollars$30.00
Where the action is for more than one thousand
dollars but not more than two thousand dollars$35.00
Where the action is for more than two thousand

dollars $45.00
Where the action seeks relief other than money
damages$25.00
On and after the first day of July, one thousand nine hundred ninety-six, five dollars from each of the filing fees listed above will be deposited in the court security fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
(b) For each service regarding enforcement of a
judgment including execution, suggestion, garnishment
and suggestee execution$ 5.00
(c) For each bond filed in a case$ 1.00
(d) For taking deposition of witness for each hour
or portion thereof$ 1.00
(e) For taking and certifying acknowledgment of a
deed or other writing or taking oath upon an affidavit$ .50
(f) For mailing any matter required or provided
by law to be mailed by certified or registered mail with
return receipt$ 1.00
Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be applicable to all costs in civil actions.


NOTE: The purpose of this bill is to exempt state agencies from the requirement that magistrate court costs in civil actions be paid in advance.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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