WEST virginia legislature

2018 regular session

ENGROSSED

Committee Substitute

for

House Bill 4242

By Delegate Shott

[Introduced January 22, 2018; Referred to the Committee on the Judiciary.]

A BILL to amend and reenact §50-4-8 of the Code of West Virginia, 1931, as amended, relating to clarifying the jurisdictional amount for removal of a civil action from magistrate court to circuit court; and providing an exception for landlord-tenant actions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. PROCEDURE BEFORE TRIAL.

§50-4-8. Removal to circuit court.

At any time before trial in a civil action involving less than $2,500 $5,000 the action may be removed to circuit court upon the concurrence of all parties and upon the payment of the circuit court filing fee. At any time before trial in a civil action involving $2,500 $5,000 or more, any party may, upon payment of the circuit court filing fee, cause such action to be removed to the circuit court: Provided, That at any time before trial in any action for wrongful occupation or unlawful detainer involving $2,500 or more any party may, upon payment of the circuit court filing fee, cause such action to be removed to circuit court. All appropriate documents shall then be forwarded along with such the fee to the clerk of the circuit court. The matter shall then be heard by the circuit court.

 

NOTE: The purpose of this bill is to clarify the jurisdictional amount for removal of a civil action from magistrate court to circuit court.

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